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Deepen Arun Parekh vs State Bank Of India And 4 Ors on 9 March, 2023

12. In view of the above, no Appeal would be maintainable as against the said order. Having said so and owing to the settled principle, as laid on by the Honourble Apex Court in the matter of Dilip B Jiwrajka (Supra), since, apparently the Impugned Order only gives directions to resort to the process at the stage under Section 97 of I & B Code, which is obviously much prior to the stage of the proceedings being taken upto Section 99, no interference is required to be made by this tribunal in the Impugned Order. Hence, the Appeals would be dismissed and it goes without saying that this would be without prejudice to the Appellants, right to contest on merits if permissible under law at the stage when the proceedings reach the stage of Section 100 of the I & B Code. Subject to the above, the Appeals lack merit and the same are accordingly dismissed.
Bombay High Court Cites 4 - Cited by 2 - Full Document
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