Aap Infrastructures Ltd. vs Bank Of Baroda And Anr.
2019 Latest Caselaw 4893 Del

$~57
*    IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 14.10.2019

+      W.P.(C) 10893/2019
       AAP INFRASTRUCTURES LTD.
                                                                ..... Petitioner
                            Through      Mr. Sandeep Sethi, Sr. Adv. with Ms.
                                         Nikita Salwan, Adv.
                   versus
       BANK OF BARODA AND ANR.
                                                            ..... Respondents

Through Ms. Surabhi Khattar and Ms. Pragya Sharma, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

RAJIV SHAKDHER, J. (ORAL):

C.M. Nos.45043/2019 & 45044/2019 1 Allowed, subject to just exceptions. W.P.(C) 10893/2019 & C.M. No.45042/2019 2 Via this writ petition, the challenge is laid to the decision of the Review Committee of respondent No. 1 Bank i.e. Bank of Baroda (in short 'BOB') dated 18.09.2019 and communication dated 03.10.2019. 3 Mr. Sethi, learned senior counsel, who appears for the petitioner, contends that the impugned communication dated 03.10.2019 does not contain any reason. 4 Issue notice. Ms. Surabhi Khattar accepts notice on behalf of BOB. Learned counsel informs me that the reasons are contained in the minutes of meeting held on 18.09.2019. A copy of the minutes of meeting has been handed over to me.

4.1 Likewise, a copy has been handed over to Mr. Sethi. 5 Mr. Sethi says that since the copy of the minutes of meeting has

been handed over to him today, the petitioner will need time to examine the same and if necessary, assail the conclusion reached therein.

       6       I find merit in this submission.
       7       Therefore, BOB is directed not to publish the factum of having

declared the petitioner a "wilful defaulter" for a period of ten days from today.

7.1 Furthermore, no further steps will be taken in pursuance of the impugned decision for a period of ten (10) days from today. This direction will dissolve on the expiry of ten (10) days. Needless to say, the petitioner will have liberty to assail the same as per law. 8 The writ petition and the application for stay is disposed of in the aforesaid terms.

9 For the purposes of good order and record, the Registry will scan and upload the minutes of meeting dated 18.09.2019.

RAJIV SHAKDHER, J OCTOBER 14, 2019 A