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Bombay High Court

Icici Home Finance Company Ltd vs The Union Of India And Anr on 8 March, 2023

Author: Abhay Ahuja

Bench: Nitin Jamdar, Abhay Ahuja

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              ORDINARY ORIGINAL CIVIL JURISDICTION

                          WRIT PETITION NO.307 OF 2021


ICICI Home Finance Company Limited                               ... Petitioner
                 V/s.
The Union of India and anr.                                      ... Respondents
                                            ---
Mr.Jitendra Motwani with Ms.Rinkey Jassuja and Mr.Rizwan Khatri
i/by M/s Economic Laws Practice, Advocates for the Petitioner.
Ms.Asha Desai i/by Mr.P.S.Patkar, Advocates for the Respondents.
                            ---

                                  CORAM : NITIN JAMDAR AND
                                          ABHAY AHUJA, JJ.

DATE : 8 MARCH 2023.

P.C.:-

1. The learned counsel for the Respondents seeks time to place on record the position in respect of the order passed by the Hon'ble Supreme Court in the case of Union of India and ors. Vs. M/s Siddhi Vinayak Syntex Private Limited1 on 18 February 2022, as it is the contention of the learned counsel for the Respondents that the decision in this petition should await the decision in respect of the cases in which the order is passed by the Hon'ble Supreme court on 18 February 2022.
1 Special Leave to Appeal (C) No.18214/2017 alongwith connected matters.

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2. The additional affidavit giving particulars of the matters pending before the Hon'ble Supreme Court as above, the issue involved, whether and how it has direct bearing on the issue involved in this petition (as regards placing show cause notice in the call-book) be filed by the next date. It is the contention of the Petitioner that irrespective of the aspect of transferring the show cause notice to call- book which is an internal matter, the grievance of the Petitioner is that the Petitioner was not informed at all post June 2012 till the notice of hearing was given to the Petitioner in November 2020 and on this ground the Petitioner is entitled to succeed.

3. Stand over to 12 April 2023.

4. The ad-interim order that the Respondents shall not proceed on the basis of show cause notice to continue.

      (ABHAY AHUJA, J.)                                           (NITIN JAMDAR, J.)
                                                 ....




Priya Soparkar




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