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High Court of DelhiW.P.(C)/9742/2015

M/S Veetee Fine Foods Limited v. Punjab National Bank And ORS.

2016-01-28Hon'Ble Mr. Justice Pradeep Nandrajog,Hon'Ble Ms. Justice Mukta Gupta2 pages

$~17 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 9742/2015 M/S VEETEE FINE FOODS LIMITED ..... Petitioner Represented by:

Mr.T.K.Ganju, Sr.Advocate instructed by Mr.C.S.Gupta, Ms.Kritika Advocates versus PUNJAB NATIONAL BANK AND ORS.

..... Respondents Represented by:

Mr.Hasmat Nabi, Advocate for R-1 Mr.Vipin Jai, Advocate with Ms.Jainika Mohan, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 29.07.2016 CM No.22458/2016 1.

With the dismissal of the petition seeking Special Leave to Appeal filed by Oriental Bank of Commerce laying a challenge to the decision dated January 28, 2016, since entire money payable to Oriental Bank of Commerce pursuant to one time settlement has admittedly been paid we see no reason for the Oriental Bank of Commerce not to issue the necessary 'No Dues Certificate' to the petitioner. Non grant of the same comes in the way of the petitioner's credit rating.

2.

As per learned counsel for the Oriental Bank of Commerce the bank W.P.(C) 9742/2015

has sought a review of the order passed by the Supreme Court dismissing the petition seeking Special Leave to Appeal.

3.

Since substantive remedy before the Supreme Court has been availed of and review remedy is discretionary, we dispose of C.M. No.22458/2016 directing that Oriental Bank of Commerce shall within 10 days issue necessary 'No Dues Certificate' to the petitioner. The 'No Dues Certificate' would be unconditional. However, the petitioner would return the 'No Dues Certificate' should the petition seeking review before the Supreme Court succeed and we take assurance of learned counsel for the petitioner to the Court that if the review petition succeeds the 'No Dues Certificate' would be returned.

4.

No costs.

5.

Dasti to learned counsel for the parties.

PRADEEP NANDRAJOG, J.

PRATIBHA RANI, J.

JULY 29, 2016 'skb'

W.P.(C) 9742/2015