B.S. Limited vs Ifci Limited
2021 Latest Caselaw 3429 Tel

   THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                           AND
       THE HON'BLE SRI JUSTICE A. RAJASHEKER REDDY


                    WRIT PETITION No.15252 of 2018

ORDER:   (Per the Hon'ble the Chief Justice Satish Chandra Sharma)


     Learned counsel for the petitioners submits that he does

not have instructions in the matter. Yesterday also he has stated

that he does not have instructions in the matter.


     In the present case, stay was granted only because in an

identical matter, i.e., W.P.No.19102 of 2019 (Mr. Rajesh Agarwal

v. Reserve Bank of India) stay was granted and therefore, this

Court has directed listing of the matter along with W.P.No.19102

of 2019. The record of W.P.No.19102 of 2019 is before us and

the same reveals that the aforesaid writ petition was allowed by

the Division Bench of this Court dated 10.12.2020 on the

ground that no opportunity of hearing was granted to the

petitioner therein. The Judgment delivered by the Division

Bench of this Court dated 10.12.2020 is subject matter of

Petition for Special Leave to Appeal (C) No.3931 of 2021 before

the Hon'ble Supreme Court and the Hon'ble Supreme Court has

passed the following order:-

     "Applications seeking exemption from filing certified copy of the
   impugned order are allowed.
     Issue notice.
     Dasti service, in addition, is permitted.
     Learned counsel is permitted to file counter affidavit within a
   period of four weeks from today. Rejoinder affidavit within two
   weeks thereafter.
     Set down for hearing on Tuesday, the 13th July, 2021 on top of the
   Board.
                                       2



      Meanwhile, the Minutes/Order dated 15.02.2019 passed by the
    Joint Lenders Meeting is not to be acted upon. The High Court insofar
    as it observed that a personal hearing be given is stayed."


      Meaning thereby, to the extent of opportunity of personal

hearing was not given, the Order of the High Court is stayed.


      In the light of the aforesaid Order passed by the Hon'ble

Supreme Court staying the Order of Division Bench of this

Court, the stay no longer survives in the present writ petition.

The learned counsel has stated that he does not have

instructions in the matter and no one else is appearing in the

present matter and therefore, the stay is vacated and the writ

petition is also dismissed for want of prosecution.


      Miscellaneous petitions, if any, pending in this writ

petition shall stand closed. There shall be no order as to costs.



                                       __________________________________
                                        SATISH CHANDRA SHARMA, CJ




                                            ______________________________
                                             A. RAJASHEKER REDDY, J
12.11.2021

ES/PLN