Delhi High Court - Orders
Pune Buildtech Pvt Ltd vs Bank Of India on 31 May, 2023
Author: Purushaindra Kumar Kaurav
Bench: Purushaindra Kumar Kaurav
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 7962/2023
PUNE BUILDTECH PVT LTD ..... Petitioner
Through: Mr. Vijay Aggarwal, Mr. Yash Agrawal,
Mr. Mukul Malik, Mr. Hardik Sharma and Mr.
Pankush Goyal, Advocates
Versus
BANK OF INDIA ..... Respondent
Through: Mr. Shreyansh Rathi, Advocate
CORAM:
HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV
ORDER
% 31.05.2023 CM APPL 30641/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 7962/2023 & CM APPL 30640/2023
1. Heard.
2. Learned counsel appearing on behalf of the petitioner submits that in the instant case the account of the petitioner has been declared as 'fraud' without providing any opportunity of hearing. He placed reliance on the decision of the Hon'ble Supreme Court in the case of State Bank of India & Ors. v. Rajesh Agarwal & Ors.1 1 2023 SCC OnLine SC 342 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 07:14:51 -2-
3. Learned counsel appearing on behalf of the petitioner, not only submitted in his oral submissions but has also submitted unequivocally in the petition that before taking a decision of declaring the petitioner's account as 'fraud', the petitioner has not been heard.
4. Issue notice.
5. Learned counsel appearing on behalf of respondent-Bank accepts notice and seeks some time to take instructions. According to him, the factual averments made in the instant writ petition can only be clarified, once appropriate instructions are sought for.
6. Let the counter affidavit be filed within six weeks from today.
7. List on 9th November, 2023.
8. Subject to hearing the respondent there shall be stay of the decision declaring the petitioner's account as 'fraud'.
PURUSHAINDRA KUMAR KAURAV, J MAY 31, 2023 p'ma This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 08/10/2023 at 07:14:51