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Bombay High Court

Shobhana R. Datar vs Union Of India Through Ministry Of Low ... on 9 February, 2022

Author: Madhav J. Jamdar

Bench: G.S. Patel, Madhav J. Jamdar

                                              905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




                   Shephali



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                                  WRIT PETITION NO. 4356 OF 2021


                   Rihen Harshad Mehta                                  ...Petitioner
                          Versus
                   Union of India (through Ministry of Home
                   Affairs) & Ors                                    ...Respondents

                                                WITH
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                  WRIT PETITION NO. 719 OF 2020

                   Viraj Chetan Shah                                    ...Petitioner
                          Versus
                   Union of India & Anr                              ...Respondents

                                                WITH
SHEPHALI
SANJAY
MORMARE                         WRIT PETITION (L) NO. 10149 OF 2021
Digitally signed
by SHEPHALI
SANJAY
MORMARE
Date: 2022.02.10
                   Viraj Chetan Shah                                    ...Petitioner
17:07:55 +0530
                          Versus
                   Union Bank of India                                ...Respondent

                                                WITH
                                  WRIT PETITION NO. 1762 OF 2021
                                                WITH
                               INTERIM APPLICATION NO. 532 OF 2021

                   Keshav Ashok Punj                                    ...Petitioner


                                                Page 1 of 21
                                             9th February 2022
                              905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




     Versus
Bureau of Immigration & Ors                         ...Respondents

                               WITH
             WRIT PETITION NO. 3152 OF 2018

AV Amarnath & Anr                                     ...Petitioners
     Versus
IDBI Bank Ltd & Anr                                 ...Respondents

                               WITH
             WRIT PETITION NO. 3153 OF 2018

Venkatesan Vetaraman Singanallur & Ors                ...Petitioners
     Versus
IDBI Bank Ltd & Anr                                 ...Respondents

                               WITH
             WRIT PETITION NO. 2852 OF 2019

Devanshu Praveen Desai                                 ...Petitioner
      Versus
State Bank of India & Ors                           ...Respondents

                               WITH
             WRIT PETITION NO. 2856 OF 2019

Deepen Arun Parekh                                     ...Petitioner
      Versus
State Bank of India & Ors                           ...Respondents

                               WITH
             WRIT PETITION NO. 3365 OF 2019



                               Page 2 of 21
                            9th February 2022
                           905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




Aditya Malhotra & Ors                              ...Petitioners
      Versus
IDBI Bank Ltd & Anr                              ...Respondents

                              WITH
            WRIT PETITION NO. 3521 OF 2019

Kirankumar Chandulal Parikh                         ...Petitioner
      Versus
State Bank of India & Ors                        ...Respondents

                              WITH
            WRIT PETITION NO. 3649 OF 2019

Shri Arvind Dham                                    ...Petitioner
      Versus
IDBI Bank Ltd & Ors                              ...Respondents

                              WITH
            WRIT PETITION NO. 3651 OF 2019

Gautam Malhotra                                     ...Petitioner
     Versus
IDBI Bank Ltd & Anr                              ...Respondents

                              WITH
            CIVIL APPELLATE JURISDICTION
            WRIT PETITION NO. 8016 OF 2019

Rajan Bhalchandra Datara & Anr                     ...Petitioners
      Versus
Bank of Maharashtra & Anr                        ...Respondents



                              Page 3 of 21
                         9th February 2022
                             905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




                              WITH
             CIVIL APPELLATE JURISDICTION
            WRIT PETITION NO. 11454 OF 2019

Shobhana R Datar                                      ...Petitioner
       Versus
Union of India Through Ministry of Law &
Justice, Department of Legal Affairs & Ors         ...Respondents

                              WITH
       ORDINARY ORIGINAL CIVIL JURISDICTION
              WRIT PETITION NO. 51 OF 2020

Dr Shrikant Bhasi                                     ...Petitioner
      Versus
Bureau of Immigration, Ministry of Home Affairs
& Ors                                              ...Respondents

                              WITH
             WRIT PETITION NO. 162 OF 2020

Jubin K Thakkar                                       ...Petitioner
      Versus
Union of India & Ors                               ...Respondents

                              WITH
             WRIT PETITION NO. 837 OF 2020

Gaurav Tayal                                          ...Petitioner
     Versus
Bureau of Immigration & Ors                        ...Respondents




                              Page 4 of 21
                           9th February 2022
                              905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




                               WITH
           WRIT PETITION (L) NO. 9453 OF 2020

Urrshila Kerkar & Anr                                 ...Petitioners
      Versus
State Bank of India & Anr                           ...Respondents

                               WITH
             WRIT PETITION NO. 9456 OF 2020

Urrshila Kerkar & Anr                                 ...Petitioners
      Versus
Kotak Mahindra Bank Ltd & Ors                       ...Respondents

                               WITH
             CIVIL APPELLATE JURISDICTION
         WRIT PETITION (ST) NO. 96699 OF 2020

Shree Balaji Milk & Milk Products                      ...Petitioner
      Versus
Bank of India & Ors                                 ...Respondents


                               WITH
               FIRST APPEAL NO. 49 OF 2021
                               WITH
         INTERIM APPLICATION NO. 658 OF 2020

Veena Abhav Neman Maiden NAME Veena                    ...Petitioner
Shivram Sodaye
      Versus
Abhay Vishnu Neman                                   ...Respondent




                               Page 5 of 21
                            9th February 2022
                              905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




                               WITH
       ORDINARY ORIGINAL CIVIL JURISDICTION
              WRIT PETITION NO. 140 OF 2021

Attaluri Venkateswara Prasad & Anr                    ...Petitioners
      Versus
The Bureau of Immigration & Ors                     ...Respondents

                               WITH
              WRIT PETITION NO. 195 OF 2021

Anil Bhanwarlal Mehta                                  ...Petitioner
      Versus
The Bureau of Immigration & Ors                     ...Respondents

                               WITH
              WRIT PETITION NO. 959 OF 2021

Surya Prakash Madrecha                                 ...Petitioner
      Versus
State Bank of India & Anr                           ...Respondents

                               WITH
            WRIT PETITION (L) NO. 1124 OF 2021

Savita Satish Gowda                                    ...Petitioner
      Versus
State Bank of India Ltd                             ...Respondents

                               WITH
           WRIT PETITION (L) NO. 1538 OF 2021




                               Page 6 of 21
                            9th February 2022
                              905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




Mohan Prasad Kala                                      ...Petitioner
      Versus
State Bank of India Ltd                             ...Respondents

                               WITH
             WRIT PETITION NO. 1704 OF 2021

Alok Agrawal                                           ...Petitioner
      Versus
South Indian Bank Limited & Ors                     ...Respondents

                               WITH
             WRIT PETITION NO. 1738 OF 2021

Yogesh Mehra                                           ...Petitioner
      Versus
State Bank of India & Ors                           ...Respondents

                               WITH
              WRIT PETITION NO. 1743 OF 2021

Ajay Mehra                                             ...Petitioner
      Versus
State Bank of India & Ors                           ...Respondents

                               WITH
             CIVIL APPELLATE JURISDICTION
             WRIT PETITION NO. 2200 OF 2021
                               WITH
         INTERIM APPLICATION NO. 342 OF 2022

Anil M Howale                                          ...Petitioner



                               Page 7 of 21
                            9th February 2022
                             905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




       Versus
Union of India through its Ministry of Home        ...Respondents
Affairs & Ors

                              WITH
             WRIT PETITION NO. 262 OF 2020

Anil M Howale                                         ...Petitioner
      Versus
The Reserve Bank of India & Ors                    ...Respondents

                              WITH
            WRIT PETITION NO. 3338 OF 2020

Vaibhav D Kulkarni                                    ...Petitioner
      Versus
The Reserve Bank of India through the Chief        ...Respondents
General Manager & Ors

                              WITH
      ORDINARY ORIGINAL CIVIL JURISDICTION
            WRIT PETITION NO. 2369 OF 2021

Chandra Prakash Madrecha                              ...Petitioner
     Versus
IDBI Bank Limited & Anr                            ...Respondents

                              WITH
             WRIT PETITION NO. 2392 OF 2021

Surya Prakash Madrecha                                ...Petitioner
      Versus
IDBI Bank Limited & Anr                            ...Respondents



                             Page 8 of 21
                           9th February 2022
                             905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




                             WITH
             WRIT PETITION NO. 2414 OF 2021
                             WITH
        INTERIM APPLICATION NO. 2655 OF 2021

Ashok Yoginder Punj & Anr                            ...Petitioners
     Versus
IDBI Bank & Ors                                    ...Respondents

                             WITH
            WRIT PETITION NO. 2545 OF 2021

Ravi Arya & Anr                                      ...Petitioners
      Versus
The Reserve Bank of India through its Governor     ...Respondents
& Ors

                             WITH
            WRIT PETITION NO. 2605 OF 2021

Mamta Kishore Apparao & Anr                          ...Petitioners
      Versus
State Bank of India & Ors                          ...Respondents

                             WITH
            WRIT PETITION NO. 2624 OF 2021
                             WITH
        INTERIM APPLICATION NO. 408 OF 2022
                             WITH
      INTERIM APPLICATION (L) NO. 26878 OF 2021



                             Page 9 of 21
                         9th February 2022
                               905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




Punit Agarwal                                           ...Petitioner
      Versus
Bank of Baroda & Ors                                 ...Respondents

                               WITH
             WRIT PETITION NO. 2843 OF 2021
                               WITH
      INTERIM APPLICATION (L) NO. 3106 OF 2022
                               WITH
      INTERIM APPLICATION (L) NO. 6665 OF 2020
                               WITH
        INTERIM APPLICATION NO. 1029 OF 2020

Punit Agarwal                                           ...Petitioner
      Versus
Reserve Bank of India & Ors                          ...Respondents

                               WITH
             WRIT PETITION NO. 2944 OF 2021
                               WITH
        INTERIM APPLICATION NO. 1033 OF 2020

Punit Agarwal                                           ...Petitioner
      Versus
Reserve Bank of India & Anr                          ...Respondents

                               WITH
             WRIT PETITION NO. 3186 OF 2021

Pratibha Milk Industries & Ors                         ...Petitioners


                               Page 10 of 21
                           9th February 2022
                              905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




      Versus
Bank of Baroda & Ors                                ...Respondents

                               WITH
             WRIT PETITION NO. 3338 OF 2021

Karan Baheti & Anr                                    ...Petitioners
     Versus
Union of India & Ors                                ...Respondents

                               WITH
             WRIT PETITION NO. 3650 OF 2021

Ajit Bhagwan Kulkarni & Ors                           ...Petitioners
      Versus
Bank of Maharashtra & Anr                           ...Respondents

                               WITH
             WRIT PETITION NO. 4386 OF 2021

Kishor M Howale & Anr                                 ...Petitioners
     Versus
The Reserve Bank of India & Ors                     ...Respondents

                               WITH
           WRIT PETITION (L) NO. 5807 OF 2021

Chandra Prakash Madrecha                               ...Petitioner
      Versus
State Bank of India & Anr                           ...Respondents

                               WITH
             WRIT PETITION NO. 8375 OF 2021



                              Page 11 of 21
                            9th February 2022
                              905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




Pranav Constructions Systems Pvt Ltd                   ...Petitioner
      Versus
Bank of India Ltd & Anr                             ...Respondents

                               WITH
           WRIT PETITION (L) NO. 13683 OF 2021

Sarfaraz Ahmed Nizamuddin Siddique                    ...Petitioners
      Versus
Union of India Through Government Pleader &         ...Respondents
Ors

                               WITH
           WRIT PETITION (L) NO. 13989 OF 2021

RJ Bio-Tech Ltd & Ors                                 ...Petitioners
      Versus
State Bank of India & Ors                           ...Respondents

                               WITH
           WRIT PETITION (L) NO. 14651 OF 2021

Harshwardhan Raghvendra Joshi                          ...Petitioner
     Versus
IDBI Bank Ltd & Ors                                 ...Respondents

                               WITH
           WRIT PETITION (L) NO. 14653 OF 2021

Meena Raghavendra Joshi                                ...Petitioner
     Versus
IDBI Bank Ltd & Ors                                 ...Respondents




                              Page 12 of 21
                            9th February 2022
                            905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




                             WITH
          WRIT PETITION (L) NO. 14654 OF 2021

Khadkeshwar Hatcheries Ltd & Ors                    ...Petitioners
     Versus
IDBI Bank Ltd & Ors                               ...Respondents

                             WITH
            CIVIL APPELLATE JURISDICTION
         WRIT PETITION (ST) NO. 16607 OF 2021

Autocrat Automotive Stamping Pvt Ltd & Ors          ...Petitioners
      Versus
Bank of India Through Its Managing Director and
Chief Executive Officer & Anr                     ...Respondents

                             WITH
       ORDINARY ORIGINAL CIVIL JURISDICTION
          WRIT PETITION (L) NO. 16841 OF 2021

MS Ambegaonkar & Anr                                ...Petitioners
     Versus
Union of India & Ors                              ...Respondents

                             WITH
          WRIT PETITION (L) NO. 18651 OF 2021

Dinanath Soni                                        ...Petitioner
     Versus
Union of India & Ors                              ...Respondents

                             WITH




                            Page 13 of 21
                          9th February 2022
                             905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




          WRIT PETITION (L) NO. 20876 OF 2021

Purshottam Chagganlal Mandhana & Ors                 ...Petitioners
      Versus
State Bank of India & Ors                          ...Respondents

                              WITH
           WRIT PETITION (L) NO. 27716 OF 2021

Olympic Oil Industries Ltd & Ors                     ...Petitioners
      Versus
Indian Overseas Bank                                ...Respondent

                              WITH
              WRIT PETITION NO. 93 OF 2022

Pranav Constructions Systems Pvt Ltd & Ors           ...Petitioners
      Versus
Bank of Baroda                                      ...Respondent

                              WITH
              WRIT PETITION NO. 621 OF 2022

Mamta Kishore Apparao And Anr                        ...Petitioners
      Versus
Bank of Baroda & Ors                               ...Respondents


Mr Vikram Nankani, Senior Advocate, with Vaibhav Charalwar,
     Sachin Chandrana, Akshay Dhayalkar and Archit Shah, i/b
     Manilal Kher Ambalal & Co, for the Petitioner in WP/1738/2021
     and WP/1743/2021.
Mr Venkatesh Dhond, Senior Advocate, with Prasad Shenoy, Aditi
     Phatak and Kirti Ojha, i/b BLAC & Co, for Respondent No.2-



                             Page 14 of 21
                           9th February 2022
                             905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




     RBI in WP/25091/2019 and for Respondent No.1- RBI in
     WP/2545/2021.
Mr Sharan Jagtiani, Senior Advocate, with Priyank Kapadia,
     Mayur Shetty and Dikshat Mehra, i/b Rajani Associates, for the
     Petitioners in WP/921/2022.
Mr Anil Singh, Additional Solicitor General, with Rui Rodrigues
     and DP Singh, for Respondent No.1 in WP/4356/2021.
Mr Anil Singh, Additional Solicitor General, with YR Mishra and
     Rahul Tiwari, for the Respondent in WP/1762/2021.
Mr Anil Singh, Additional Solicitor General, with YR Mishra,
     Aditya Thakkar and DP Singh, i/b Gul Asanani, for
     Respondents Nos. 1 and 2-Union of India, in WP/3338/2021.
Mr Anil Singh, Additional Solicitor General, with Aditya Thakkar
     and DP Singh, i/b Gul Asanani, for Respondents Nos. 1 and 2-
     Union of India, in WPL/13683/2021.
Mr Anil Singh, Additional Solicitor General, with Aditya Thakkar
     and DP Singh, i/b Gul Asanani, for Respondents Nos. 1 and 2-
     Union of India, in WP/621/2022.
Mr Anil Singh, Additional Solicitor General, with Rui Rodrigues,
     Aditya Thakkar and DP Singh, i/b AA Ansari, for Respondent
     No.1-Union of India, in WP/4356/2021.
Mr Anil Singh, Additional Solicitor General, with Aditya Thakkar
     and DP Singh, i/b AA Ansari, for Respondents-Union of India,
     in WP/6388/2021.
Mr Anil Singh, Additional Solicitor General, with Aditya Thakkar
     and DP Singh, i/b AA Ansari, for Respondent No.1-Union of
     India, in WP/2200/2021.
Mr Mukul Taly, with Sayali Gharpure, i/b S Mahomedbhai & Co, for
     the Petitioner in ASWP/11454/2019, ASWP/8016/2019,
     WP/11454/2019 and WP/8016/2019.
Mr Ashish Kamat, with Malhar Zatakia & Ashmita Goradia, i/b
     Aagam J Doshi, for the Petitioners in WPL/27716/2021.
Mr Ashish Pyasi, with Sneha Nanandkar and Dinesh Jadhwani, i/b
     Dhir & Dhir Associate, for the Petitioners in WP/3651/2019,
     WP/3649/2019 and WP/3365/2019.
Mr Shivaji A Masal, for the Petitioners in WP/2200/2021 and
     WP/4386/2021.
Ms Gulnar A Mistry, with Shantam Mandhyan, i/b Vidhii Partners,


                             Page 15 of 21
                           9th February 2022
                            905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




     for the Petitioners in WP/3338/2021.
Mr Akash D Warang, for the Petitioner in WP/2624/2021 and
     IA/408/2022.
Mr Vishal Kanade, with Vishal Maheshwari and Kamini Pansare, i/b
     VM Legal, for the Applicants/Petitioners in WPL/16841/2021.
Mr Simil Purohit, with Punit Damodar, Nikita Vardhan & Vishal
     Tiwari, i/b Kanga & Company, for the Petitioner in
     WP/2852/2019, WP/2856/2019 and WP/3521/2019.
Mr Akshay Patil, with Onkar Chandurkar and Rajesh Devgharkar,
     i/b Akshay Vijay Kamble, for the Petitioner in WP/1704/2021.
Mr Ashutosh Misra, for Respondent No.2-Union Of India in
     WP/8375/2021.
Mr Mohamedali M Chunawala, i/b AA Ansari, for Respondent
     No.2-Union of India in ASWP/8016/2019 and for Respondent
     No.1-Union of India, in ASWP/11454/2019.
Mr Mohamedali M Chunawala, i/b Gul Asnani, for Respondent
     No.4-Union of India, in WPL/13989/2021.
Mr Nilesh Bamne, i/b M/s AR Bamne & Co, for Respondent No.2-
     Bank of Baroda, in WP/2545/2021.
Mr AR Bamne, i/b M/s AR Bamne & Co, for Respondent No.2-Bank
     of Baroda, in WPL/18651/2021.
Mr Aseem Naphade, with Saurabh Utangale, i/b Utangale & Co, for
     Respondent No.2 in WP/2843/2021.
Ms Saloni Kapadia, with Chittkrishna Thakkar, i/b Cyril Amarchand
     Mangaldas, for Respondent No.2 in WP/51/2020.
Mr YS Bhate, for Bureau of Immigration/Union of India, for
     Respondents Nos. 1 & 3 in WPL/2351/2019, WP/140/2021,
     WPL/18651/2021, for Respondents Nos. 2 and 3 in
     WP/19880/2021, for Respondents Nos. 3, 4 and 5 in
     WP/2843/2021.
Mr YR Mishra, for Union of India, in WP/162/2020.
Mr Nishit Dhruva, with Prakash Shinde, Niyati Merchant, Yash
     Dhruva and Atharva Diwe, i/b MDP & Partners, for Respondent
     No.2 in WPL/16841/2021, WPL/13683/2021, WP/2944/2021,
     WP/140/2021, WP/162/2020, WP/4356/2021, WP/719/2020,
     WPL/10149/2021, for Respondent No.1 in WPL/20876/2021,
     WPL/5807/2021, WP/2624/2021, WP/2392/2021,
     WP/2392/2021, WP/1743/2021, WP/1738/2021,


                            Page 16 of 21
                          9th February 2022
                            905-958-ASWP-4356-2021-LOC-GROUP-F.DOC




     WP/959/2021, WP/3651/2019, WP/3649/2019,
     WP/3521/2019, WP/3356/2019, WP/2856/2018,
     WP/2852/2018, WP/3153/2018, WP/3152/2018 and for
     Respondent No.3 in WP/195/2021.
Mrs Rathina Maravarman, for Respondents Nos. 1 and 2-State Bank
     of India in WPL/13989/2021, WPL/9453/2020, for Respondent
     No.2-Bank of Baroda in WP/1762/2021, for Respondent No.2-
     Union Bank of India in WP/1704/2021, for Respondent No.1-
     Bank of Maharashtra, in WP/3650/2021 and for Respondent
     No.1-Bank of Baroda in WP/93/2022.
Mr Nikhil Rajani, with Apoorva Kulkarni and Rupak Swangikar, i/b
     V Deshpande & Co, for the Respondent-Kotak Mahindra Bank
     Limited in WPL/9453/2020.
Mr Mihir Mody, with Arnav Misra, i/b K Ashar & Co, for Respondent
     No.3-RBI, in WP/621/2022.
Mr Nainesh N Amin, with Sumedha Sawant, for the Respondent-
     IDBI Bank Ltd, in WP/621/2022.
Mr Aditya Thakkar, with DP Singh, i/b AA Ansari, for Respondents
     Nos. 2 to 4-Union of India, in WP/8483/2021.
Mr Subir Kumar, with Salonee Patil, i/b SDS Advocates, for the
     Respondent-State Bank of India in WPL/1538/2021 and
     WPL/1124/2021.
Ms Nidhi Singh, with Zoheb Khatri, i/b IndiaLaw LLP, for
     Respondent No.1-South Indian Bank, in WP/1704/2021.
Mr Sandesh Patil, i/b Dhanesh Shah, for the Respondent-Union of
     India, in WP/719/2020 and WP/837/2020.
Mr Deepak Thakare, with Dhanesh Shah, for Respondents Nos. 1 and
     3-Union of India, in WP/195/2021.
Mr Nainesh N Amin, with Sumedha Sawant, for Respondent No.3-
     UBI in WP/2545/2021.


                    CORAM       G.S. Patel &
                                Madhav J. Jamdar, JJ.
                    DATED:      9th February 2022
PC:-




                            Page 17 of 21
                          9th February 2022

905-958-ASWP-4356-2021-LOC-GROUP-F.DOC

1. The entire group from Sr. Nos. 905 to 958 and Sr. No. 968 all challenge Look Out Circulars ("LOC") issued at the instance of a public sector bank by the Ministry of Home Affairs through the Bureau of Immigration. In addition, some challenge the Office Memoranda ("OMs") under which these LOCs have been issued. Some petitions challenge declarations of petitioners as Wilful Defaulters ("WDs")under applicable Reserve Bank of India ("RBI") guidelines, circulars and norms.

2. Sr. No. 924 is wrongly tagged with the group and is to be de- tagged.

3. Sr. No.968 will have to be shown as tagged.

4. It appears to us that the two issues of the LOCs/OMs and Wilful Defaulters are separate and should be dealt with separately. We propose therefore to split this into two groups: Group A comprising those matters that challenge LOCs/OMs; Group B will be the WD challenges. Having said that, there are undoubtedly some cases where the challenge is both to a LOC/OM and a WD declaration. These combined challenges will be taken up in Group A, but only for a hearing and decision on the LOCs/OM challenges.

5. As a first step, we will need to separate the two groups. Given the large number of matters, it is unreasonable to expect individual Advocates to coordinate this task. We are in particular concerned that there should not be a disruption or confusion in the offices of the learned Additional Solicitor General and those of the Advocates Page 18 of 21 9th February 2022 905-958-ASWP-4356-2021-LOC-GROUP-F.DOC representing the banks, because the Union of India is a party respondent to all the petitions, and one or the other bank is almost invariably a respondent as well. In many cases, the same bank is involved. Coordination and synchronizing the record is therefore essential.

6. To facilitate this exercise, we request the assistance of Mr Ketan Trivedi, Official Assignee. We have ascertained convenient dates from him. The Advocates for the Petitioners in all these matters are to appear before him on Friday, 11th February 2022 and Monday, 14th February 2022 at 2.30 pm in the Central Filing section in the High Court Annexe building, ground floor. The purpose of this exercise is only to separate/segregate those matters in Group A (LOC/OM challenges with or without WD declaration challenges) from those in Group B (exclusively WD challenges).

7. For the purpose of this exercise, we suggest that the present board listing be used Mr Trivedi as a reference point and the necessary details be entered either in an Excel worksheet or in a tabular form in some other manner.

8. We then expect the Petitioners in every one of the Group A matters to ensure that the record is correctly arranged and paginated. The Written Submissions and compilations of authorities are to be separated. The Written Submissions must clearly bear the names of the Petitioners. The compilations must have a cover page with an index and running paging starting with the cover page. The entire record of the Petitions as amended and all Affidavits in Reply Page 19 of 21 9th February 2022 905-958-ASWP-4356-2021-LOC-GROUP-F.DOC and Rejoinders are to be recompiled in a separate clean copy. For consistency with the PDF numbering, every page of the recompiled brief is to be numbered starting with the cover page and including the index page, synopsis, etc serially. This will ensure that there is no mismatch between the printed record and a PDF record (directions below).

9. No further Affidavits are to be filed in any of these matters except in Sr. No. 908. An Affidavit in Reply is permitted to be filed and served on or before 16th February 2022. A rejoinder is permitted by 21st February 2022.

In all matters Affidavits in Reply are to be filed and served on or before 17th February 2022. All pending Affidavits in Rejoinders are to be filed by 22nd February 2022. No Affidavits after 23rd February 2022. There are to be no further filings in any Group A matters after 23rd February 2022.

10. The recompiled Petitions, compilations of authorities and Written Submissions in all these matters are to be tendered to the Court Associate on or before 25th February 2022 in the Group A matters.

11. We have requested the Central Project Coordinator to digitize the entire record, compilations and submissions in all the Group A matters. He reports that this exercise will take about seven days and the record in all Group A matters should be digitized by 7th March 2022. Copies of the scanned, bookmarked and indexed PDF will be Page 20 of 21 9th February 2022 905-958-ASWP-4356-2021-LOC-GROUP-F.DOC made available to all Advocates on request free of cost. Advocates will be required to either supply an email address (linked to cloud storage for shared files) or a pen drive to which the files can be transferred.

12. We list Group A for final disposal on 10th March 2022 at 2.30 pm.

13. In at least one matter we have noticed that the Written Submissions travel well beyond the prayers and the pleadings. We are making it clear that we will disregard those portions of the Written Submissions that are not supported by the prayers or pleadings.

14. As regards Group B matters, once these are segregated, we will list them separately, de-link them from Group A and take up these for directions on 28th February 2022.

15. Parties are put to notice that we propose to follow broadly the same procedure for Group B as well. Only the scheduling of the hearing will need to be arranged.

16. All concerned will act on production of a digitally signed copy of this order.

(Madhav J. Jamdar, J)                               (G. S. Patel, J)




                              Page 21 of 21
                            9th February 2022