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Bombay High CourtRPW/9/2024dismissed

Manisha Nimesh Mehta, Promoter And Guarantor Of Perfect Infraengineers Ltd. v. Board Of Directors, Represented By Chairman And Managing Directors Of Icici Bank

2024-07-29Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice M. M. Sathaye3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION REVIEW PETITION NO.9 OF 2024 IN WRIT PETITION (L) NO.35792 OF 2022 Manisha Nimesh Mehta .. Review Petitioner

Versus

Board of Directors, Represented by Chairman & Managing Director of ICICI Bank, ICICI Bank Head Office, ICICI Bank Towers, Bandra Kurla Complex and Others .. Respondents Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.07.30 17:30:27 +0530 WITH REVIEW PETITION (L) NO.4758 OF 2024 IN WRIT PETITION NO.4620 OF 2022 UTKARSH KAKASAHEB BHALERAO A. Navinchandra Steels Pvt Ltd & Anr.

.. Review Petitioner

Versus

Union of India & Ors.

.. Respondents Mr.Mathew Nedumpara a/w B.S.Munday, Akhilesh Nair, Shameem Fayiz, Hemali Merva and I. Joshua i/b Nedumpara & Nedumpara, Advocates for the Petitioners in both the matters.

Mr.Harjot Singh Alang i/b Raval Shah & Co., Advocates for Respondent No.1 in RP/9/2024.

Mr.Sumedh Ruikar a/w Viraj Shelatkar i/b Pradip Yadav, Advocates for Respondent Nos.5 in RP/9/2024. Mr.Madhur Rai i/b PRs Legal, Adovocate for Respondent Bank in RP(L)/4758/2024.

Mr.A.L.Patki, Addl.G.P. for State in both matters.

CORAM

:B. P. COLABAWALLA & M.M.SATHAYE, JJ.

DATE : JULY 29, 2024 P. C.

1.

Both the above two Review Petitions have been filed seeking to review the order passed by us on 11th January 2024. Mr.Nedumpara pointed out to us that initially a Review Petition (L) No.4048 of 2024 was filed by the Review Petitioner in Review Petition No.9 of 2024 and which was dismissed by this Court vide its order dated 19th March 2024. That order (which was passed under review) was challenged before the Hon'ble Supreme Court. The Hon'ble Supreme Court by its order dated 8th July 2024 set aside the order passed by us in the Review Petition and remanded the matter back for the Review Petitioner to hear on merits. This is how the matter has come up before us today.

2.

Today Mr.Nedumpara informs us that apart from the Review Petitions listed above, there are several other Review Petitions that have also been filed by the different Petitioners reviewing the order dated 11th January 2024. He submitted that on the next occasion all the other Review Petitions filed, namely, RP/12/2024, RP/10/2024, RP/8/2024, RP(L)/4754/2024, RP(L)/6609/2024, RP/11/2024,

RP(L)/4781/2024, and RP(L)/4765/2024 ought to be listed. He has stated that all the above Review Petitions shall be served on the respective Respondents within a period of 1 week from today. The said statement is accepted.

3.

The learned counsel appearing for the Respondents in the Review Petition Nos.9 of 2024 and Review Petition (L) No.4758 of 2024 have stated that they require a week's time to file their affidavit-in-reply in the said Review Petitions. We, therefore, direct that the affidavit-inreply in the said two Review Petitions shall be filed by the concerned Respondents on or before 5th August 2024 and a copy of the same shall be served on the advocates for the Petitioner. 4.

Place the above matter now on board for directions on 5th August 2024 at 4.30 p.m.

5.

Personal Assistant of this Court. All concerned will act on production by [M.M.SATHAYE, J.] [B. P. COLABAWALLA, J.]