Hdfc Bank Limited And ORS. v. Union Of India Through Principal Secretary And ORS.

901-wp-2723-2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2723 OF 2016 WITH WRIT PETITION NO.10327 OF 2015 WITH WRIT PETITION NO.1894 OF 2016 HDFC Bank Limited and Others

...Petitioners

vs.

Union of India and Others

...Respondents

Mr. Rajiv Chavan, Senior Advocate i/b. Suvarna Joshi, for the Petitioners.

Mr. D.P. Singh, for Respondent No. 1-UOI.

Mr. Rupesh Lanjekar, for Respondent No. 2. in WP. No. 10327 of 2015.

Mr. Santosh Singh, for Respondent No. 3 in WP. No. 10327 of 2015. Mr. Athul Laji i/b. Intralegal, for the Respondent No. 3 in WP. No. Mr. Amit Khairwar i/b. D.H. Law Associates, for Respondent No. 4 in WP. No.2723 of 2016.

CORAM : SHANTANU KEMKAR & G.S. KULKARNI, JJ.

DATE :

NOVEMBER 28, 2017 P.C.:

.

Parties through their counsel.

2.

On instructions received from the office of the Tribunal, it has been stated by the learned counsel for the Petitioners that the Cyber Appellate Tribunal is merged with Telecom Dispute Settlement and Appellate Tribunal, New Delhi (TDSAT). Vishal Parekar 1/2

901-wp-2723-2016.doc 3.

He, however submits that though the matters from Cyber Appellate Tribunal have been transferred to TDSAT but they are not yet been taken up for hearing. He submits that the Petitioners will take appropriate steps for listing it and Appeal for pressing the application for grant of interim relief in the Appeal which is now pending before the TDSAT.

4.

In view of the fact that now TDSAT is seized over with the Petitioners Appeal, we dispose of these Petitions with liberty to the Petitioners to move before TDSAT for grant of interim relief. 5.

We expect that TDSAT shall take up the Appeals as expeditiously as possible. We direct that, for two months no coercive steps shall be taken against the Petitioners in pursuance to the order impugned in these Petitions and which are challenged in Appeals. However, TDSAT shall not be influenced by this interim order while considering the prayer for interim relief and shall decide the stay Applications and Appeals on their own merits in accordance with law 6.

The Petitions are disposed of as such.

(G.S. KULKARNI, J.) (SHANTANU KEMKAR, J.) Vishal Parekar 2/2