Calcutta High Court (Appellete Side)
Axis Bank Limited vs Gaurav Dalmia & Ors on 24 August, 2020
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7 MAT 494 of 2020
24-08-2020
sg/gc (CAN 4729 of 2020)
(CAN 4727 of 2020)
Ct. 11 (CAN 4730 of 2020)
(Through Video Conference)
Axis Bank Limited
Versus
Gaurav Dalmia & Ors.
Mr. Jayanta Kumar Mitra, Sr. Adv.
Mr. Debnath Ghosh, Adv.
Mr. Sanjay Ginodia, Adv.
Mr. Suhhovit Dutta Majumdar, Adv.
...for the appellant
Mr. Jishnu Saha, Sr. Adv.
Mr. Anirban Ray, Adv.
Mr. Jishnu Chowdhury, Adv.
...for the writ petitioner
This appeal is arising out of an order and judgment dated 18th
March, 2020 in connection with the writ petition in which the writ
petitioner has challenged the decision of the Review Committee
declaring the writ petitioner as 'willful defaulter'. The writ petition
was heard without affidavits. It involves a question of law which, in
our view, could be decided on the basis of the stay petition which
contains all the documents save and except an order passed by the
Hon'ble Supreme Court on 8th May, 2019 in SLP Nos. 4816-
4819/2019.
Mr. Jishnu Saha, learned Senior Counsel appearing on behalf
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of the writ petitioner has submitted that the writ petitioner is also
aggrieved by a portion of the order and accordingly, leave may be
given to the writ petitioner to file a cross objection.
On such circumstances, we direct that the appeal shall be heard
treating the stay application as paper book. The service of notice of
appeal is dispensed with.
The respondents may file cross-objection along with the
complete set of the Special Leave Petition being SLP Nos. 4816- 4819/2019 within one week.
Both the appeal and the cross-objection may appear before the appropriate Bench two weeks hence.
The order dated 8th May, 2019 in SLP Nos. 4816-4819/2019 is kept with the record.
The applications being CAN 4727 of 2020 and CAN 4729 of 2020 are accordingly, disposed of.
There shall be an order in terms of prayer (a) of the application being CAN 4729 of 2020.
(Saugata Bhattacharyya, J.) (Soumen Sen, J.)