H D F C Bank v. M/ S Sidhi Vinayak Vehicals Pvt. Ltd. and 3 Ors.
Case brief
What is this about?
In an interim order, the bench directed the appellant to serve notice upon respondent no. 4 via newspaper publication after initial service failed, and listed the matter for further service.
What did the court decide?
Direction to serve notice through newspaper publication and file affidavit of service within a week.
What the court decided
Appeal Dy. No. 119/2022 Date: 25.01.2023
HDFC Bank Vs. M/s Sidhi Vinayak Vehicles Pvt. Ltd. & Ors.
Present: Shri Adarsh Bhushan, counsel for the appellantBank, Shri Mohit Sharma, counsel for the respondent nos. 1, 2 & 3,
Learned counsel for the appellant contends that the respondent no. 1, 2 & 3 are represented through their counsel Shri Mohit Sharma, therefore, the interim order may be heard.
Learned counsel for the respondents no. 1, 2 & 3 submits that the claim petition has been filed before the NCLT, in which moratorium has been declared and IRP has been appointment.
Learned counsel for the appellant states that he needs some time to confirm the same.
The office report dated 24.01.2023 shows that notice sent to the respondent no. 4 has returned back with endorsement “left”.
Learned counsel for the appellant is directed to take fresh steps within a week for service of notice upon the respondent no. 4 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.
List this case on 13.02.2023 for service.
Justice R. D. Khare Chairperson
Issues for consideration
1 issue framed by the court
Whether interim order may be heard given the appointment of IRP and moratorium under IBC.
Parties & counsel
- appellant
HDFC Bank
- respondent
M/s Sidhi Vinayak Vehicles Pvt. Ltd.
- respondent
Ors.
Coram
Case details
As recorded by the court registry
All orders in this case
15 orders share this CNR
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