M/ S Orai Flour Mills P Ltd. and 8 Ors. v. H D F C Bank Ltd.

Appeal Dy. No. 02/2022 Date: 02.01.2023

M/s Orai Flour Mills Pvt. Ltd. Vs. H D F C Bank Ltd.

Present: Shri D. N. Awasthi, counsel for the appellant, Shri Kushal Kant, counsel for the respondent-Bank,

Heard the learned counsel for the appellant on the urgency application being I.A. No. 725/2022.

It is contended that the unit was a running unit and there were 200 employees working, despite of which physical possession of the same has been taken on 19.12.2022. It is further contended that the present appeal has been filed against the decree passed by the DRT, Allahabad. As the pleadings of the present case are complete, but the defendants are avoiding the hearing. It is further stated that the appellant has deposited a sum of Rs. 411.00 lacs before this Tribunal towards pre-deposit. It is also submitted that the DRC proceedings are going on, therefore, there is urgency in this matter and the date fixed for 02.03.2023 is too long. Hence, the same may be preponed to an early date and the case may be fixed for hearing.

Learned counsel for the respondent-Bank has no objection to the preponment of the date as prayed by the counsel for the appellant. However, he is filing the written submission today in court, which is taken on record.

In view of the above, the urgency application filed by the appellant is allowed and the date already fixed for 02.03.2023 is preponed to 15.02.2023 for hearing. In the meantime, the learned counsel for the appellant may file written submission, if so desired.

Justice R. D. Khare Chairperson