M/ S Bhola Ram Paper & Power Pvt. Ltd. versus M/ S Shakumbhari Straw Products Ltd. and 3 Ors.

I.A. No. 407/2022 In Appeal Dy. No. 716/2022 Date: 12.10.2022

M/s Bhola Ram Paper & Power Pvt. Ltd. Vs. M/s Shakumbhari Straw Products Ltd. & Ors.

Present: Shri Rakesh Kumar, Advocate along with Shri V. K. Shukla, counsel for the appellant, Shri Sandeep Arora, counsel for the respondent no. 4-Bank,

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Vide earlier order dated 28.09.2022 notices were issued to the respondents and steps were taken, according to which the notices sent to the respondents no. 1 to 3 have returned back.

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It was contended by the appellant on the last occasion that under the garb of interim order, which is under challenge in this appeal, respondent no. 2 (incorrectly mentioned as respondent no. 1 in the order) is interfering in the functioning of the unit. It is contended that the respondents are intentionally evading the receipt of notice of the present proceedings, therefore, he prays for interim relief.

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Since the notice sent to the respondent nos. 1 to 3 have returned back, let fresh steps be taken by the appellant within 10 days for service of notice upon the remaining respondents through publication in the newspapers having wide circulation in the area. Affidavit of service along with proof of publication be filed by the next date.

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The respondent no. 4-State Bank of India is being represented through Shri Sandeep Arora, Advocate, who submits that he does not want to file any reply.

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In view of the submission made by the counsel for the appellant, till the next date of listing, the status quo qua the

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property in question, as it exists today, shall be maintained by the parties concerned.

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An amendment application has been filed by the appellant for bringing on record the correct address of the respondent no. 1, which is allowed. Let the necessary correction be made in the array of parties during course of the day.

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List this case on 18.01.2023 for service.

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Justice R. D. Khare Chairperson

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VN Giri

M/ S Bhola Ram Paper & Power Pvt. Ltd. v. M/ S Shakumbhari Straw Products Ltd. and 3 Ors.

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M/ S Bhola Ram Paper & Power Pvt. Ltd. v. M/ S Shakumbhari Straw Products Ltd. and 3 Ors.

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