Idbi Bank Ltd v. Twenty First Century Wire Rods Ltd & ANR

$~76 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 5/2019 & CM APPLs. 98-100/2019 IDBI BANK LTD ..... Appellant Through:

Mr. Sanjay Bhatt with Mr. Sumit Nagpal, Advs.

versus TWENTY FIRST CENTURY WIRE RODS LTD & ANR ..... Respondents Through:

None.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE V. KAMESWAR RAO

O R D E R

% 07.01.2019 CM APPL. 100/2019 (exemption) Allowed, subject to just exceptions.

CM APPL. 99/2019 (delay in filing) In view of the reasons stated in the application, delay in filing the appeal is condoned.

The application stands disposed of.

LPA 5/2019 & CM APPL. 98/2019 1.

Seeking exception to an order passed by the learned writ court on 14.08.2018 in W.P.(C) 8393/2018 permitting the respondent - company to represent them before the appropriate committee through an advocate, the writ petition in question has been filed.

LPA 5/2019

2.

The learned writ court has decided the issue based on an earlier judgment rendered by a Bench of this Court in the case of Punjab National Bank & Ors. v. Kingfisher Airlines Limited & Ors., W.P.(C) 5532/2014 decided on 28.08.2014 and directed the Bank to re-schedule hearing of the matter and grant full opportunity to the respondent-company to be represented by an advocate. At the instance of the IDBI Bank/appellant herein, the same issue has been considered by this Bench in LPA 679/2018 titled IDBI Bank v. Sujit Das Gupta, LPA 681/2018 titled IDBI Bank v. Dinesh Bahadur Singh & Anr. and LPA 683/2018 titled IDBI Bank v. Sandeep Jajodia and by a common order passed on 07.12.2018 identical appeals raising the same issue have been dismissed by us. We see no reason to take a different view now.

3.

Accordingly, for the grounds and reasons already considered and set out by us in the order passed on 07.12.2018 in LPA 679/2018 and other cases, we see no reason to make any indulgence into the matter. The appeal stands dismissed. The pending application also stands disposed of.

CHIEF JUSTICE, J V. KAMESWAR RAO, J JANUARY 07, 2019 kks LPA 5/2019