Nitin Shambhukumar Kasliwal vs Union Of India
2023 Latest Caselaw 9809 MP

Citation : 2023 Latest Caselaw 9809 MP
Judgement Date : 28 June, 2023

Madhya Pradesh High Court

Nitin Shambhukumar Kasliwal vs Union Of India on 28 June, 2023

Author: Sushrut Arvind Dharmadhikari

                                                               1
                                       IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                         WP No. 14535 of 2023
                                 (NITIN SHAMBHUKUMAR KASLIWAL AND OTHERS Vs UNION OF INDIA AND OTHERS)

                          Dated : 28-06-2023
                                Shri Sumit Nema, Senior Advocate with Shri Piyush Parashar, learned

                          counsel for the Petitioners.
                                Shri Himanshu Joshi, learned Deputy Solicitor General for the
                          respondent/Union of India.

Heard on the question of admission and interim relief.

Issue notice to respondents on payment of process fee by RAD mode within three working days, failing which, the present petition shall stand dismissed without further reference to the Court. Notices be made returnable within four weeks.

Learned counsel for the petitioners has relied on the judgment of the Apex Court in the case of SBI Vs. Rajesh Agrawal in Civil Appeal No. 7300 of 2022 to contend that before declaration of the accounts to be as a fraud, opportunity of hearing has to be granted to the petitioner which has admittedly not been granted to the petitioners herein and the order has not been

served to the petitioner.

In the meanwhile, till the next date of hearing, the effect and operation of the impugned declaration(Annexure P-1) dated 10.09.2020 declaring M/S SKNL's loan accounts as being fraud by respondent no.3 shall remain stayed. Further, all the consequential proceeding shall also remain stayed and no coercive action be taken against the petitioners till the next date of hearing.

C.C. as per rules.


Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 6/28/2023
5:21:47 PM

                               (S. A. DHARMADHIKARI)       (HIRDESH)
                                        JUDGE                JUDGE
                          RJ




Signature Not Verified
Signed by: REENA JOSEPH
Signing time: 6/28/2023
5:21:47 PM