M/S Ski and Snow Resorts Pvt. Ltd. and Others v. Punjab National Bank

Appeal Dy. No. 945/2022 Date: 23.01.2023

M/s Ski and Snow Resorts Pvt. Ltd. & Ors. Vs. Punjab National Bank

Present: Shri Udai Chandani, counsel for the appellants,

Heard the learned counsel for the appellants on the urgency application being I.A. No. 47/2023.

It has been stated in the urgency application that the DRT, Dehradun is adamant to adjudicate the matter finally on the next date fixed i.e. 25.01.2023. It is prayed that the present appeal, which is posted for 13.02.2023, may be preponed and heard.

In the urgency application, a reference has been made to the order of the Hon’ble High Court dated 09.01.2023, whereby a direction has been issued for considering the waiver application after hearing both the parties.

In view of the judgment of the Hon’ble Apex Court in Civil Appeal No. 8969 of 2022- M/s Sidha Neelkanth Paper Industries Private Limited & Another Vs. Prudent ARC Limited & Others decided on 05.01.2023, the appellant may explain regarding maintainability of the appeal in absence of predeposit.

Learned counsel for the appellant shall inform the learned counsel for the respondent-Bank Shri S. N. Singh about the order passed today in writing within 48 hours, who shall obtain instruction and be present on the next date fixed.

List this case on 25.01.2023 for pre-deposit.