Oral order allowing admission of counsel and disposing of a Special Civil Application as withdrawn by the petitioners due to availability issues with the debtor, based on the respondent bank's assurance of no immediate coercive action.
None; petition disposed of as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C/SCA/12114/2022 ORDER DATED: 04/07/2022
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 12114 of 2022
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BALESHWAR RITLAL GUPTA
Versus
AUTHORISED OFFICER OF CAPRI GLOBAL CAPITAL LIMITED
=====================================================
Appearance:
MR. VN. SEVAK(3791) for the Petitioner(s) No. 1,2
MR PARTH BRAHMBHATT for MR RITESH D PATADIA(6460) for
the Respondent(s) No. 1
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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 04/07/2022
ORAL ORDER
1. Heard Mr. V.N. Sevak learned advocate appearing
for the petitioners and Mr. Parth Brahmbhatt, learned
advocate for Mr. Ritesh Patadia, learned advocate
appearing for the respondent - Bank.
2. Learned advocate Mr. Parth Brahmbhatt, learned
advocate seeks permission to file the appearance of
Mr. Ritesh Patadia, learned advocate for the
respondent Bank. The same is granted.
3. Mr. V.N. Sevak, learned advocate appearing for the
petitioners submitted that the petitioners have
approached this Court as the Presiding Officer of the
DRT-I, Ahmedabad is not available and the charge of
DRT-I given to the Presiding Officer of DRT-II has
not bee extended after 31.03.2022.
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C/SCA/12114/2022 ORDER DATED: 04/07/2022
4. Mr. Parth Brahmbhatt, learned advocate for Mr.
Ritesh Patadia, learned advocate appearing for the
respondent Bank submitted that in view of the
peculiar situation which has arisen due to non-
handing over of the charge of the DRT-I to the
Presiding Officer of the DRT-II w.e.f. 01.04.2022,
under instructions from the responsible Officer of
the respondent-Bank, no coercive action shall be
taken by the respondent-Bank against the petitioners
till either the charge of DRT-I is handed over to the
Presiding Officer of teh DRT-I takes the charge. It
was further submitted that the respondent-Bank shall
also issue notice of 15 days to the petitioners
before taking any action.
5. In view f the above statements, Mr. V.N.Sevak,
learned advocate appearing for the petitioners, under
instructions, seeks permission to withdraw this
petition at this stage.
6. Without entering into the merits of the matter,
the petition is disposed of as withdrawn at this
stage in view of the above statement made by learned
advocate Mr. Parth Brabhmbhatt, learned advocate on
behalf of the respondent - Bank.
(VAIBHAVI D. NANAVATI,J)
Pallavi
Page 2 of 2
BALESHWAR RITLAL GUPTA
AUTHORISED OFFICER OF CAPRI GLOBAL CAPITAL LIMITED
VAIBHAVI D NANAVATI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court