Delhi High Court - Orders
Sh Naresh Kumar Mittal & Ors vs Union Bank Of India & Anr on 12 April, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~53
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4606/2023 & CM APPL. 17590/2023
SH NARESH KUMAR MITTAL & ORS. ..... Petitioners
Through: Mr.Pallav Saxena and Mr.Nipun
Sharma, Advocates.
versus
UNION BANK OF INDIA & ANR. ..... Respondents
Through: Mr.Vishnu Jayswal and Mr.Samarendra
Kumar, Advocates for R-1.
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 12.04.2023
1. Heard learned counsel appearing on behalf of the petitioner. He confines his prayer only to clause (ii), (iii) and (iv) of the prayer. He further submits that the order passed by the Identification Committee (IC) on wilful defaulter was not served on the petitioner and the Review Committee (RC) without there being any representation, has confirmed the order passed by the IC in its meeting dated 21.12.2021. According to him, in absence of service of the order of the IC, the petitioners could not submit their representation to the RC and therefore, their substantial rights are violated. He places reliance on the decision of the Hon'ble Supreme Court in the case of SBI v. Jah Developers (P) Ltd1.
2. Issue notice.
1(2019) 6 SCC 787 Signature Not Verified Signed By:PRATIMA Signing Date:15.04.2023 13:01:32
3. Learned counsel appearing on behalf of the respondent(s) accepts notice.
4. Subject to hearing the respondents, there shall be stay on the operation of order dated 19.04.2022, passed by the RC.
5. List on 27.09.2023.
PURUSHAINDRA KUMAR KAURAV, J APRIL 12, 2023/MJ Signature Not Verified Signed By:PRATIMA Signing Date:15.04.2023 13:01:32