Partly allowed

Idbi Bank Ltd. v. Twenty First Century Wire Rods Ltd. & Anr.

Delhi HC7 Jan 2019LPA/5/2019

Case brief

AI extract

What is this about?

This order addressed an appeal by IDBI Bank challenging an order permitting a respondent company legal representation. The Court dismissed the appeal and allowed a condonation of delay application, relying on prior bench decisions.

What did the court decide?

Appeal dismissed. CM Application 99/2019 (delay) allowed subject to exceptions; pending application disposed of.

Idbi Bank Ltd. Vs Twenty First Century Wire Rods Ltd. & Anr. — Delhi HC (2019) — LawSathi Research

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$~76

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- LPA 5/2019 & CM APPLs. 98-100/2019

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IDBI BANK LTD ..... Appellant

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Through: Mr. Sanjay Bhatt with Mr. Sumit Nagpal, Advs.

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versus

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TWENTY FIRST CENTURY WIRE RODS LTD & ANR ..... Respondents Through: None.

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CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

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O R D E R % 07.01.2019

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CM APPL. 100/2019 (exemption)

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Allowed, subject to just exceptions.

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CM APPL. 99/2019 (delay in filing)

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In view of the reasons stated in the application, delay in filing the appeal is condoned.

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The application stands disposed of.

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LPA 5/2019 & CM APPL. 98/2019

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Seeking exception to an order passed by the learned writ court on 14.08.2018 in W.P.(C) 8393/2018 permitting the respondent – company to represent them before the appropriate committee through an advocate, the writ petition in question has been filed.

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LPA 5/2019

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Page 1 of 2

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The learned writ court has decided the issue based on an earlier judgment rendered by a Bench of this Court in the case of Punjab National Bank & Ors. v. Kingfisher Airlines Limited & Ors., W.P.(C) 5532/2014 decided on 28.08.2014 and directed the Bank to re-schedule hearing of the matter and grant full opportunity to the respondent-company to be represented by an advocate. At the instance of the IDBI Bank/appellant herein, the same issue has been considered by this Bench in LPA 679/2018 titled IDBI Bank v. Sujit Das Gupta , LPA 681/2018 titled IDBI Bank v. Dinesh Bahadur Singh & Anr. and LPA 683/2018 titled IDBI Bank v. Sandeep Jajodia and by a common order passed on 07.12.2018 identical appeals raising the same issue have been dismissed by us. We see no reason to take a different view now.

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Accordingly, for the grounds and reasons already considered and set out by us in the order passed on 07.12.2018 in LPA 679/2018 and other cases, we see no reason to make any indulgence into the matter.

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The appeal stands dismissed. The pending application also stands disposed of.

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CHIEF JUSTICE, J

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V. KAMESWAR RAO, J

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JANUARY 07, 2019 kks

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Page 2 of 2

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LPA 5/2019