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Bombay High Court

L. V. Srinivasan vs Union Of India And 5 Ors on 3 January, 2022

Author: Madhav J. Jamdar

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

                                                                  2-OSWP-785-2021+.DOC




                   Shephali



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                  WRIT PETITION NO. 785 OF 2021


                   Axis Trustee Services Ltd                              ...Petitioner
                         Versus
                   Union of India & Ors                                ...Respondents

                                                 WITH
                                 WRIT PETITION (L) NO. 849 OF 2020

                   Indiabulls Housing Finance Ltd                         ...Petitioner
                         Versus
                   Union of India & Ors                                ...Respondents

                                                 WITH
                                  WRIT PETITION NO. 100 OF 2021

SHEPHALI
SANJAY             Arun Nanda                                             ...Petitioner
MORMARE
                        Versus
Digitally signed
by SHEPHALI
SANJAY
                   Union of India & Ors                                ...Respondents
MORMARE
Date: 2022.01.04
14:41:31 +0530
                                                 WITH
                                WRIT PETITION (L) NO. 1000 OF 2020

                   LV Srinivasan                                          ...Petitioner
                         Versus
                   Union of India & Ors                                ...Respondents

                                                 WITH




                                                 Page 1 of 6
                                               3rd January 2022
                                                  2-OSWP-785-2021+.DOC




     IN PERSON APPLICATION (L) NO. 4939 OF 2020
                                   IN
           WRIT PETITION (L) NO. 1000 OF 2020
                                                         ...Applicant
      In the matter between
LV Srinivasan                                            ...Petitioner
      Versus
Union of India & Ors                                  ...Respondents

                                WITH
           WRIT PETITION (L) NO. 1001 OF 2020

LD Venkataraman HUF                                      ...Petitioner
     Versus
Union of India & Ors                                  ...Respondents

                                WITH
      IN PERSON APPLICATION (L) NO. 4946 OF 2020
                                   IN
           WRIT PETITION (L) NO. 1001 OF 2020
                                                         ...Applicant
     In the matter between
LD Venkataraman HUF                                      ...Petitioner
     Versus
Union of India & Ors                                  ...Respondents

                                WITH
            WRIT PETITION (L) NO. 6589 OF 2021

YES Bank AT1 Bondholders Association                     ...Petitioner
      Versus
Reserve Bank of India & Ors                           ...Respondents



                                Page 2 of 6
                              3rd January 2022
                                              2-OSWP-785-2021+.DOC




                             WITH
         INTERIM APPLICATION NO. 535 OF 2021
                               IN
           WRIT PETITION (L) NO. 6589 OF 2021
                                                     ...Applicant
      In the matter between
YES Bank AT1 Bondholders Association                 ...Petitioner
      Versus
Reserve Bank of India & Ors                       ...Respondents

                             WITH
             WRIT PETITION NO. 220 OF 2021

Gaurav Mathrawala                                    ...Petitioner
     Versus
Union of India Through Ministry of Finance        ...Respondents
Department of Financial Services & Ors

                             WITH
             WRIT PETITION NO. 1997 OF 2021

Budge Budge Refineries Ltd & Anr                    ...Petitioners
     Versus
Union of India & Ors                              ...Respondents


Ms Saloni Vyas, i/b Legasis Partners, for CDSL in all matters.
Mr Janak Dwarkadas, Senior Advocate, with Ankit Lohia, Sunil
     Tilokchandani, Sachin Chandarana & Neha Javeri, i/b Manilal
     Kher Ambalal & Co, for the Petitioner in WP/785/2021.
Mr MS Doctor, Senior Advocate, with Preet Chheda, for the
     Petitioner in WPL/6593/2021.




                             Page 3 of 6
                          3rd January 2022
                                               2-OSWP-785-2021+.DOC




Mr Pradeep Bakhru, with Nikhil Gupta, i/b Wadia Ghandhy & Co,
     for the Petitioner in WP/1997/2021 and for the Petitioner in
     WP/100/2021.
Mr Sharan Jagtinai, Senior Advocate, with B Gopalkrishnan,
     Parikshit Desai, Nilesh Ghadge & Anisha Balse, for the
     Petitioners in WP/220/2021.
Mr Vikram Nankani, Senior Advocate, with Rahul Sarda, Manik
     Joshi, Mantul Bajpai & Vrushabh Vig, i/b M/s. Crawford Bayley
     & Co, for 63 Moons Technologies Ltd.
Mr Rafique Dada, Senior Advocate, for SEBI.
Mr Rajendra Dangwal, with Chitra Rentala, i/b Trilegal, for
     Respondents Nos. 7 to 16 in WPL/6589/2021, for Respondent No.
     5 in WP/785/2021,for Respondent No. 5 in WPL/849/2020.
Mr Harshvardhan Melanta, Solicitor & Advocate, with Mihir
     Mody, i/b K Ashar & Co, for Respondent No. 6 in
     WPL/6589/2021.
Mr Abhineet Sharma, with Ishita Bajaj, i/b Parinam Law Associates,
     for some of the parties in WPL/849/2020 and WPL/6589/2021.
Mr Ashish Kamat, with Nishant Upadhyay, i/b AZB & Partners, for
     Respondent No. 2 in WP/785/2021-RBI.
Mr Mayur Khandeparkar, with Nikita Mishra & Mansi Seth, i/b
     M/s. Rashmikant & Partners, for Respondents Nos. 3 and 4 in
     WP/1997/2021, WP/100/2021,/WP/220/2021, WP/785/2021,
     for Respondent No. 3 in WPL/849/2020, WPL/1000/2020 &
     WPL/1001/2020 and for Respondent No. 4 in IA/535/2021 in
     WPL/6589/2021.
Mr Sanjay Sinha, for Respondent No. 13 in WPL/6589/2021.


                    CORAM        G.S. Patel &
                                 Madhav J. Jamdar, JJ.
                    DATED:       3rd January 2022
PC:-




                             Page 4 of 6
                           3rd January 2022
                                                     2-OSWP-785-2021+.DOC




1. Mr Khandeparkar tenders a list of the entire group of matters. We take this list on record and marked "X-1" for reference purposes.

2. Sr. No. 10 in this list is Writ Petition (L) No. 18369 of 2021 (Vasu Mitra & Ors vs RBI & Ors). The Advocate on record is Preet Chheda. That Writ Petition has not yet been served. Service is to be completed in both hard copy and soft copy by Friday, 7th January 2022.

3. It seems that in all these matters, the pleadings are at different stages of completion. In some replies are required. In others, rejoinders are pending. In the lead Petition, Writ Petition No. 785 of 2021, leave to file a Sur-Rejoinder is sought. We grant that leave but on condition that the Sur-Rejoinder is to be confined only to the new facts or documents set out in the Rejoinder.

4. Mr Nankani appears in Writ Petition No. 8068 of 2020 filed in Madras High Court. This has since been transferred under orders of the Supreme Court to this Court. That Petition will have to be urgently renumbered. Pleadings in that Petition are complete. The Registry is requested to urgently number that Writ Petition.

5. It is our understanding that the principal contestants in all these matters are YES Bank Limited and the RBI.

Page 5 of 6

3rd January 2022 2-OSWP-785-2021+.DOC

6. In all matters, all pending Affidavits in Reply are to be filed and served by 19th January 2022. All Affidavits in Rejoinder are to be filed and served by 28th January 2022.

7. To facilitate a quicker hearing, we permit all concerned to file concise written statements or advance notes of arguments. Compilations of authorities, if any, are to be properly indexed and paginated.

8. We list the entire group for hearing and final disposal on 10th February 2022 subject to overnight part heard.

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

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




                               Page 6 of 6
                            3rd January 2022