Civil Appeal No(s). 1708/2023 etc.
REVISED
ITEM NO.115 COURT NO.7 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 1708/2023
AKSHAY GUPTA & ANR. Appellant(s)
VERSUS
ICICI BANK LIMITED & ORS. Respondent(s)
(IA No. 39509/2023 – APPROPRIATE ORDERS/DIRECTIONS
IA No. 44319/2023 – EXEMPTION FROM FILING O.T.
IA No. 44317/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 39504/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 39503/2023 – STAY APPLICATION)
WITH
C.A. No. 1709/2023 (XVII-A)
(IA No. 35725/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 44131/2023 – EXEMPTION FROM FILING O.T.
IA No. 44130/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 35727/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 35726/2023 – STAY APPLICATION)
C.A. No. 2828/2023 (XVII-A)
(IA No. 59456/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 59455/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 59452/2023 – STAY APPLICATION)
C.A. No. 4336/2023 (XVII-A)
(IA No. 101982/2023 – EX-PARTE STAY
IA No. 101981/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 17-01-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE VIKRAM NATH
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA
1
Civil Appeal No(s). 1708/2023 etc.
For Appellant(s) Mr. Alakh Alok Srivastava, AOR
Mr. Chandan Kumar Singh, Adv.
Mr. Abhishek Malhotra, Adv.(V.C.)
Ms. Srishti Gupta, Adv.
Ms. Raghavi Shukla, Adv.
Ms. Liz Mathew, AOR
For Respondent(s) Mr. Ritin Rai, Sr. Adv.
Mr. Sumit Goel, Adv.
Ms. Sreeparna Basak, Adv.
Ms. Swati Bhardwaj, Adv.
Ms. Pratyusha Priyadarshini, Adv.
Mr. Adrish Dutta, Adv.
M/s. Parekh & Co., AOR
UPON hearing the counsel the Court made the following
O R D E R
The pleadings between the appellant(s) and the respondent no. 1 are complete. However, despite service of notice respondent nos. 2 and 3 have not put in appearance, as a result, the hearing of the matters is being delayed. Prima facie having considered the submissions advanced, we are of the view that presence of Authorised Representatives of respondent nos. 2 and 3 would be necessary.
Accordingly, l et bailable warrants be issued to Authorised Representatives of respondent nos. 2 and 3 in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) each, to be executed through the Chief Metropolitan Magistrate, in whose jurisdiction the Fort, Mumbai, falls, returnable on 28 th February, 2024.
In the meantime, the learned counsel for the parties may come prepared with their convenience compilation for the purpose of facilitating the arguments.
List on 28 th February, 2024.
(SONIA BHASIN)
COURT MASTER (SH) (RANJANA SHAILEY)
COURT MASTER (NSH)
ITEM NO.115 COURT NO.7 SECTION XVII-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Civil Appeal No(s). 1708/2023
AKSHAY GUPTA & ANR. Appellant(s)
VERSUS
ICICI BANK LIMITED & ORS. Respondent(s)
(IA No. 39509/2023 – APPROPRIATE ORDERS/DIRECTIONS
IA No. 44319/2023 – EXEMPTION FROM FILING O.T.
IA No. 44317/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 39504/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 39503/2023 – STAY APPLICATION)
WITH
C.A. No. 1709/2023 (XVII-A)
(IA No. 35725/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 44131/2023 – EXEMPTION FROM FILING O.T.
IA No. 44130/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 35727/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 35726/2023 – STAY APPLICATION)
C.A. No. 2828/2023 (XVII-A)
(IA No. 59456/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 59455/2023 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES
IA No. 59452/2023 – STAY APPLICATION)
C.A. No. 4336/2023 (XVII-A)
(IA No. 101982/2023 – EX-PARTE STAY
IA No. 101981/2023 – EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT)
Date : 17-01-2024 These matters were called on for hearing today.
CORAM :
HON’BLE MR. JUSTICE VIKRAM NATH
HON’BLE MR. JUSTICE SATISH CHANDRA SHARMA
4
Civil Appeal No(s). 1708/2023 etc.
For Appellant(s) Mr. Alakh Alok Srivastava, AOR
Mr. Chandan Kumar Singh, Adv.
Mr. Abhishek Malhotra, Adv.(V.C.)
Ms. Srishti Gupta, Adv.
Ms. Raghavi Shukla, Adv.
Ms. Liz Mathew, AOR
For Respondent(s) Mr. Ritin Rai, Sr. Adv.
Mr. Sumit Goel, Adv.
Ms. Sreeparna Basak, Adv.
Ms. Swati Bhardwaj, Adv.
Ms. Pratyusha Priyadarshini, Adv.
Mr. Adrish Dutta, Adv.
M/S. Parekh & Co., AOR
UPON hearing the counsel the Court made the following
O R D E R
The pleadings between the appellant(s) and the respondent no. 1 are complete. However, despite service of notice respondent nos. 2 and 3 have not put in appearance, as a result, the hearing of the matters is being delayed. Prima facie having considered the submissions advanced, we are of the view that presence of respondent nos. 2 and 3 would be necessary. Accordingly, l et bailable warrants be issued to respondent nos. 2 and 3 in the sum of Rs. 25,000/- (Rupees Twenty Five Thousand) each, to be executed through the Chief Metropolitan Magistrate, in whose jurisdiction the Fort, Mumbai, falls, returnable on
28 th February, 2024.
In the meantime, the learned counsel for the parties may come prepared with their convenience compilation for the purpose of facilitating the arguments.
List on 28 th February, 2024.
(SONIA BHASIN)
COURT MASTER (SH) (RANJANA SHAILEY)
COURT MASTER (NSH)
6