Clarified that the interim order dated 18.05.2022 applies only to the amount involved in the present appeal. Directed the primary respondent to file reply and rejoinder. Listed the case for reply on 22.07.2022.
Interim order dated 18.05.2022 clarified to apply only to the amount involved in the present appeal.
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I.A. No. 143/2022 in I.A. No. 142/2022 in I.A. No. 133/2022 In Appeal Dy. No. 159/2022
Date: 04.07.2022
Kotak Mahindra Bank Ltd. Vs. Uttar Pradesh State Cement Corporation Ltd.
Present: Shri O. P. Mishra, counsel for the appellant-Bank, None for the respondent no. 1, Shri D. N. Awasthi, counsel for the respondent no. 2, Shri Kush Saxena, counsel for the intervener-State Bank of India,
On the basis of urgency application being I.A. No. 142/2022 filed by the learned counsel for the intervener-State Bank of India, the I.A. No. 143/2022 has been taken up today.
The I.A. No. 143/2022 has been moved on behalf of the State Bank of India with prayer to pass an order modifying/clarifying the interim order dated 18.05.2022 passed by this Tribunal to the extent that the said interim order shall be applicable only in respect of recovery of the amount involved in the present appeal.
In view of the above, it is clarified that the interim order dated 18.05.2022 passed by this Tribunal is applicable to the amount involved in the present case. Accordingly, the I.A. No. 143/2022 filed by the State Bank of India is disposed off.
It has been intimated that an I.A. No. 133/2022 has been filed by Shri D. N. Awasthi, counsel for the respondent no. 2 with prayer for day to day hearing of the case. The earlier order dated 14.06.2022 of this Tribunal shows that matter was listed on that date, but Shri Awasthi had filed adjournment application praying that the matter be heard and posted at the earliest, preferably in the first week of July, 2022.
The office report dated 23.06.2022 shows that Shri Awasthi filed reply on behalf of the respondent no. 2 in the last week of June, 2022, but no reply has been filed on behalf of the respondent no. 1 till date. Let the same be filed by the next date. Rejoinder to the reply filed by the respondent no. 2 be also filed by the next date.
List this case on 22.07.2022 for reply.
Justice R. D. Khare Chairperson
VN Giri
Kotak Mahindra Bank Ltd.
Uttar Pradesh State Cement Corporation Ltd.
R. D. Khare
VN Giri
As recorded by the court registry
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