Bombay High Court
Pro Knits, Represented By Its Partner S. ... vs The Board Of Directors Of Canara Bank By ... on 5 August, 2024
Author: M. M. Sathaye
Bench: B. P. Colabawalla, M. M. Sathaye
2024:BHC-OS:11977-DB
1.RPW.9.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
REVIEW PETITION NO.9 OF 2024
IN
WRIT PETITION (L) NO.35792 OF 2022
Mrs.Manisha Nimesh Mehta .. Review Petitioner
Versus
Board of Directors, Represented
by Chairman & Managing Director of
ANJALI Digitally
by ANJALI
signed
TUSHAR TUSHAR ASWALE
Date: 2024.08.09
ASWALE 00:14:45 +0530 ICICI Bank, ICICI Bank Head Office,
ICICI Bank Towers, Bandra Kurla
Complex and Others .. Respondents
WITH
REVIEW PETITION (L) NO.4758 OF 2024
IN
WRIT PETITION NO.4620 OF 2022
A. Navinchandra Steels Pvt Ltd & Anr. .. Review
Petitioners
Versus
Union of India & Ors. .. Respondents
WITH
REVIEW PETITION NO.8 OF 2024
IN
WRIT PETITION (L) NO.10862 OF 2023
Cjex Biochem Pvt Ltd ..Petitioner
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Versus
Board of Directors of Pegasus
Assets Reconstruction Pvt Ltd & Ors ..Respondents
WITH
REVIEW PETITION NO.10 OF 2024
IN
WRIT PETITION (L) NO.12079 OF 2023
Dinesh Keshawrao Atkare ..Petitioner
Versus
Board of Directors of Tata
Capital Finance Services Ltd & Ors ..Respondents
WITH
REVIEW PETITION NO.11 OF 2024
IN
WRIT PETITION (L) NO.18563 OF 2023
M/s.Vbera Technologies Pvt Ltd ..Petitioner
Versus
Board of Directors of Ratnakar Bank Ltd & Ors ..Respondents
WITH
REVIEW PETITION NO.12 OF 2024
IN
WRIT PETITION (L) NO.20100 OF 2023
M/s.Pro Knits ..Petitioner
Versus
Page 2 of 8
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Board of Directors of CanaraBank Ltd & Ors ..Respondents
WITH
REVIEW PETITION(L) NO.4754 OF 2024
IN
WRIT PETITION (L) NO.14807 OF 2023
M/s.Apex Consumer Appliances Pvt Ltd ..Petitioner
Versus
The Board of Directors of Bank of Baroda & Ors ..Respondents
WITH
REVIEW PETITION(L) NO.6609 OF 2024
IN
WRIT PETITION (L) NO.13410 OF 2023
Adair Electrical Motors Stamping ..Review Petitioner
Versus
IDFC Bank & Ors ..Respondents
WITH
REVIEW PETITION(L) NO.4781 OF 2024
IN
WRIT PETITION (L) NO.30038 OF 2022
Cjex Biochem Pvt Ltd ..Review Petitioner
Versus
The Board of Directors of Piramal Capital
& Housing Finance Ltd & Ors ..Respondents
WITH
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REVIEW PETITION(L) NO.4765 OF 2024
IN
WRIT PETITION NO.4620 OF 2022
Shree Shantinath Steels & Anr ..Review Petitioners
Versus
Union of India & Ors ..Respondents
WITH
REVIEW PETITION(L) NO.12487 OF 2024
IN
WRIT PETITION(L) NO.14807 OF 2023
M/s. Apex Consumer Appliances Pvt Ltd ..Review Petitioner
Versus
The Board of Directors of Bank of Baroda & Ors ..Respondents
WITH
REVIEW PETITION(L) NO.6067 OF 2024
IN
WRIT PETITION(L) NO.19661 OF 2023
Satiate Engineering Pvt. Ltd ...Review petitioners
Versus
The Board of Directors of Axis Bank Lt & Ors ...Respondents
Mr. Mathew Nedumpara a/w Hemali Kurane, Shameem Fayiz, J.
Joshna, Bhupendra Munday, Rahul Yadav & Akhilesh Nair i/b
Nedumpara & Nedumpara, Advocates for the Petitioners in all
matters.
Mr. Harjot Singh Alang i/b Raval Shah & Co, Advocates for
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1.RPW.9.24.doc
Respondent No. 1 in RPW/9/2024
Mr. Madhur Rai a/w Ashish Kanojia i/b PRS Legal, Advocates for
Respondent No. 5 & 6 in RPW(L)/4758/2024, RPW(L)/4765/2024 &
for Respondent Nos. 1 & 2 in RP(L)/4754/2024
Mr. Gaurav Jangle a/w Kunjita Shah i/b I. V. Merchant & Co,
Advocates for Respondent Nos. 1 to 3 in RPW(L)/4407/2024.
Mr.Charls D'souza a/w Neelanshu Roy, Advocates for Respondent
Nos. 3 & 4 in RPW(L)/4644/2024.
Mr. R. V. Govilkar, Sr. Counsel a/w Ashutosh Mishra & S. N.
Khan for Union of India in all matters.
Mr. Sumedh Ruikar a/w Viraj Shelatkar i/b Pradip Yadav,
Advocates for Respondent No. 5 in RPW/9/2024.
Mr. Ayush Kothari a/w Vinay Deshpande & Shreyansh Desai i/b
M/s. V. Deshpande & Co, Advocates for Respondent Nos. 1 & 2 in
RPWL/6609/2024.
Mrs. Jyoti Chavan, Addl. G. P. for the State in RPW/9/2024.
Mr. A.L. Patki, Addl. G. P. For State in RPW(L)/4758/2024.
CORAM: B. P. COLABAWALLA &
M. M. SATHAYE, JJ.
DATE: AUGUST 5, 2024
(IN CHAMBERS)
P. C.
Review Petition No.12 of 2024, Review Petition No.10 of 2024,
Review Petition No.8 of 2024, Review Petition (L) No.4754 of 2024, Review
Petition(L)No.6609 of 2024, Review Petition No.11 of 2024, Review Petition
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1.RPW.9.24.doc
(L)No.4781 of 2024, Review Petition (L) No.4765 of 2024, Review Petition
(L) No. 12487 of 2024 and Review Petition (L) No. 6067 of 2024, not on
Board. With the consent of parties taken on Board.
2 In our order dated 29th July, 2024 passed in Review Petition
No.9 of 2024 and Review Petition (L) No.4758 of 2024,we had noted that the
Review Petitioners seek to review the order passed by this Bench on 11 th
January, 2024. By the said decision, this Court took the view that
Banks/Non-Banking Financing Companies are not obliged to adopt the
restructuring process as contemplated in the Notification 29 th May, 2015
issued by the Ministry of Micro, Small and Medium Enterprises on its own,
without there first being any application by the Petitioners/MSMEs in that
regard.
3 After the aforesaid two Review Petitions were filed, Mr.
Nedumpara also brought to our attention that several other Review Petitions
have been filed. We had, therefore, directed that all the Review Petitions be
served on the respective Respondents and had placed the matters on Board
today for further directions.
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4 Today when the matters are called out, we are informed that the
order under review, namely, our order dated 11 th January 2024, has been set
aside by the Hon'ble Supreme Court by its judgment and order dated 1 st
August, 2024. A copy of the said order of the Hon'ble Supreme Court has
been tendered to us by Mr. Nedumpara. We have perused the said order
which clearly records that the impugned order (i.e. the order dated 11 th
January, 2024) is set aside. The matters have not been remanded back to the
High Court for consideration of any issue afresh and has further stated that
all other issues which are not dealt with by the High Court based on the
factual aspects of the Writ Petitions, the parties are at liberty to take recourse
to any remedy, as may be legally available to them. Once this is the judgment
and order passed by the Hon'ble Supreme Court, Mr. Nedumpara correctly
submitted that nothing would survive in any of these Review Petitions as the
same are rendered infructuous.
5 We agree with the submissions of Mr. Nedumpara. Since the
order under review itself is set aside, nothing is left for us to review. In these
Circumstances, the Review Petitions are dismissed as infructuous. In view of
the disposal of the above Review Petitions, nothing survives in any of the
Interim Applications pending therein and the same are also disposed of
accordingly.
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6 This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on production by fax
or email of a digitally signed copy of this ord er.
[ M. M. SATHAYE J.] [B. P. COLABAWALLA, J.]
AUGUST 5, 2024
Aswale
