* IN THE HIGH COURT OF DELHI AT NEW DELHI
3.
+ W.P.(C) 7076/2008 & CM Nos. 13632 and 13634 of 2008
% DATE OF DECISION: 2nd December, 2008
PUNJAB NATIONAL BANK ..... Petitioner
Through: Mr. V.C. Mittal, Advocate.
versus
AAIFR & ORS. ..... Respondents
Through: Mr. Raju Ramchandran, Sr. Advocate
with Mr. Amit Dhall, Advocate.
CORAM:
HON'BLE MR. JUSTICE MUKUL MUDGAL
HON'BLE MR. JUSTICE MANMOHAN
1. Whether Reporters of local papers may be allowed to see the judgment?
2. To be referred to the Reporter or not?
3. Whether the judgment should be reported in the digest?
JUDGMENT
MUKUL MUDGAL, J: (ORAL)
1. Rule D.B.
2. By consent of counsel, this petition is taken up for final hearing.
3. This writ petition challenges the order dated 31 st January, 2008 whereby the Appellate Authority of Industrial & Financial Reconstruction, New Delhi (for short 'AAIFR') adjourned the matter sine die in view of the pendency of the matter in Delhi High Court. The adjournment was on the basis of the order of this Court reproduced at page 127 of this paper book which was merely an order issuing notice and formulating the question of law.
WP (C) No. 7076/2008 Page 1 of 2
4. The learned counsel for the petitioner has pointed out that the issue involved is covered by a judgment of Division Bench of this Court titled as Punjab National Bank Vs. AAIFR & Ors. reported in (2008) 151 DLT
81.
5. We are, therefore, of the view that the adjournment sine die by the AAIFR was not, in the facts and circumstances of the case, justified and therefore, we set aside the order of the AAIFR dated 31 st January, 2008 in Appeal No. 14 of 2008 and while directing the parties to appear before the AAIFR on 15th December, 2008, we direct the AAIFR to dispose of the appeal in accordance with law not later than four months from the date of first hearing before it. The interim order passed by us on the facts and circumstances of this case shall be the interim order before the AAIFR in these proceedings.
6. Accordingly, writ petition along with pending applications stand disposed of.
7. A copy of this order be given dasti to the learned counsel for the parties.
MUKUL MUDGAL, J MANMOHAN, J DECEMBER 02, 2008 sb WP (C) No. 7076/2008 Page 2 of 2