Disposed

Vikram Om Prakash Damani and Another v. Tata Capital Financial Services Limited and 3 Ors.

DRAT21 Jul 2022

Case brief

AI extract

What is this about?

The court disposed of an urgency application without deciding the merits. It granted liberty to raise issues before the DRT, Dehradun, scheduled a reply on the stay application, and listed the main case for future hearing.

What did the court decide?

Urgency application disposed off with liberty to raise issues before DRT, Dehradun; stay application response required by next date; case listed for reply on 11.10.2022.

Vikram Om Prakash Damani and Another versus Tata… — Civil Procedure and Limitation | DRAT (2022)

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I.A. No. 208/2022, I.A. No. 102/2021 & I.A. No. 39/2021 In Appeal Dy. No. 437/2019 Date: 21.07.2022 Vikram Om Prakash Damani and Anr. Vs. Tata Capital Financial Services Ltd. and Ors.

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Present: Shri Ankit Prakash, counsel for the appellants, Shri Abhijeet Mukherji, counsel for the respondent no. 1-F.I., None for the respondent nos. 2 to 4,

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The office report dated 20.07.2022 shows that pursuant to the earlier order dated 27.04.2022 of this Tribunal, the notices upon the respondents have duly been served as per tracking report. Reply to the waiver application has been filed by the learned counsel for the respondent no. 1, which is on record, but no one has put in appearance on behalf of the other respondents inspite of service upon the said respondents.

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The said report further shows that the I.A. No. 102/2021 filed for grant of stay is pending consideration and I.A. No. 39/2021, which is an application under section 340 read with section 195 Sub Section (1)(b)(i) of Cr.P.C., is also pending consideration.

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Heard the learned counsels for the parties.

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Learned counsel for the appellants contends that there is urgency in this matter as the respondents are further trying to dispose off the property, therefore, the matter may be expedited and their interest may be protected.

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Learned counsel for the respondent no. 1 submits that the matter is already fixed before the DRT, Dehradun on 05.08.2022 and the present urgency application is totally misconceived, as it has been filed to prolong the proceedings

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pending before the DRT concerned. He further submits that whatever issues have been raised, may be raised before the DRT, Dehradun.

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After hearing the learned counsels for the parties, the present urgency application is finally disposed off with liberty to the applicant to raise all the issues, which have been raised here, before the DRT, Dehradun on the date fixed. Accordingly, the urgency application is disposed off.

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Let the respondents no. 2 to 4 file their response on stay application by the next date, failing which appropriate order shall be passed.

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List this case on 11.10.2022 for reply.

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Justice R. D. Khare Chairperson

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Anupam

Vikram Om Prakash Damani and Another v. Tata Capital Financial Services Limited and 3 Ors.

Case brief

What is this about?

What did the court decide?

Vikram Om Prakash Damani and Another v. Tata Capital Financial Services Limited and 3 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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