Iifl Finance Ltd v. Apex Grievance Redressal Committee

Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY O.O.C.J.

O.O.C.J.

WRIT PETITION NO. 2020 OF 2023 IIFL Finance Ltd. and Anr.

..Petitioners

Versus

Apex Grievance Committee and Ors.

..Respondents ....................

 Mr. Janak Dwarkadas, Senior Advocate a/w. Mr. Karl Tamboly, Mr. Yash Momaya, Mr. Samit Shukla, Mr. Parag Kabadi, Ms. Saloni Shah and Mr. Abhishek Kothari i/by DSK Legal for the Petitioners.  Mr. Cherag Balsara a/w. Ms. Dhawani Bokaria i/by Purnanand & Co. for Respondent No.3 - Society.

 Mr. Mayur Khandeparkar a/w. Dhwani Mehta Desai and Ms. Sunain Masand, Advocates for Respondent No.4. ...................

CORAM :MILIND N. JADHAV, J.

DATE :JULY 19, 2023.

P.C.:

1.

Not on Board. Mentioned. Taken on Board.

2.

Heard Mr. Dwarkadas, learned Senior Advocate for the Petitioners; Mr. Balsara, learned Advocate for Respondent No.3 - Society and Mr. Khandeparkar, learned Advocate for Respondent No.4.

3.

After hearing the submissions made by the learned Advocates for some time, the present Writ Petition can be disposed of by passing the following order:- (i) The present Petition has been filed to challenge the

order dated 09.06.2023 ("Impugned order") passed by Respondent No.1 rejecting the Petitioner No.1's Interim Application, filed in Appeal No.2 of 2023 pending before the Apex Grievance Redressal Committee (for short "AGRC") for staying the order dated 26.05.2023 of the CEO, SRA.

(ii) Upon hearing the parties, it was suggested that the captioned Writ Petition be disposed of in terms of an order directing Respondent No.1 - AGRC to adjudicate the pending Appeal within a time-bound manner. Pursuant thereto parties agree that the present Petition may be disposed of by giving appropriate directions. (iii) Respondent No.1 - AGRC is directed to dispose of the pending Appeal No.2 of 2023 within a period of 6 (six) weeks from today. It is expressly made clear that the merits of the case have not been examined and that all contentions of all concerned parties are expressly kept open. Further the Appeal shall be decided on its own merits, uninfluenced by the impugned order and strictly in accordance with law and a speaking order will be passed by the AGRC.

(iv) Liberty to apply.

(v) Petitioners undertake to withdraw the Writ Petition filed before the Division Bench in respect of the same subject matter and which is pending within one week from the date of this order.

(vi) Writ Petition is disposed of in the above terms. No costs.

(vii) All parties to act on an authenticated copy of this order. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2023.07.19 18:07:32 +0530 AJAY TRAMBAK UGALMUGALE