Hubtown Bus Terminal (Vadodara) Pvt Ltd vs State Bank Of India on 12 May, 2021

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Gujarat High Court

Hubtown Bus Terminal (Vadodara) Pvt Ltd vs State Bank Of India on 12 May, 2021

Bench: Vaibhavi D. Nanavati

     C/SCA/7243/2021                                                      ORDER



             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/SPECIAL CIVIL APPLICATION NO. 7243 of 2021

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===
              HUBTOWN BUS TERMINAL (VADODARA) PVT LTD
                              Versus
                       STATE BANK OF INDIA
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Appearance:
MR SHALIN MEHTA, SENIOR ADVOCATE with ARJUN R SHETH(7589) for
the Petitioner(s) No. 1
 for the Respondent(s) No. 3
MR HARDIK C RAWAL(719) for the Respondent(s) No. 2
MR SIDDHARTHA SAMAL(3089) for the Respondent(s) No. 1
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
                   Date : 12/05/2021
                    ORAL ORDER

1. Heard Mr. Shalin Mehta, learned Senior Advocate appearing with Mr. Arjun R. Sheth, learned advocate for the petitioner and Mr. Siddhartha Samal, learned advocate for the respondent No.1 and Mr. Hardik C. Rawal, learned advocate for the respondent No.2.

2. Mr. Shalin Mehta, learned Senior Advocate states on instructions that there are total 716 units and that the respondent No.1 Bank may issue 'two step NOCs' for execution of lease deeds of units in favour of allottees as against the payment under the OTS of Rs.9,39,90,879/ and any further payments that may be made by the petitioner, on pro rate basis, with a direction to the petitioner to deposit all the premia/revenue Page 1 of 2 Downloaded on : Wed May 12 20:36:57 IST 2021 C/SCA/7243/2021 ORDER received pursuant to execution of such lease in said Escrow Account No.61167964370 with the respondent No.1 Bank.

3. The respondent No.1 Bank has filed affidavitinreply mainly contending that the proceedings being Original Application No.1000 of 2018 instituted by the Bank in DRT are pending adjudication and the matter is likely to be heard finally.

4. Mr. Shalin Mehta, learned Senior Advocate has stated that since DRT is not functioning in view of the Covid19 pandemic, it may not be possible for adjudication of the matter. He has further stated that the Bank may consider the request made by the petitioner as stated earlier by way of an undertaking since the proceedings before the DRT are not likely to be conducted.

5. It is open for the respondent No.1 Bank to consider the submission made by Mr. Shalin Mehta, learned Senior Advocate for the petitioner before the next date.

6. Let the matter be posted on 31.5.2021.

(VAIBHAVI D. NANAVATI,J) K.K. SAIYED Page 2 of 2 Downloaded on : Wed May 12 20:36:57 IST 2021

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Gujarat High Court