KOTAK MAHINDRA BANK LIMITED Vs. NARENDRA JAYANTILAL TRIVEDI

JUDGEMENT

(1.) Leave granted. Feeling aggrieved and dissatisfied with impugned order dtd. 25/1/2022 passed by the Division Bench of the High Court of Gujarat at Ahmedabad and subsequent order dtd. 4/3/2022, in Letters Patent Appeal No. 75/2022, the original respondent - Bank has preferred the present appeals.

(2.) The facts leading to the present appeals are as under: -

(3.) We have heard Shri Amar Dave, learned counsel appearing on behalf of appellant - bank and Ms. Sonam Anand, learned counsel appearing on behalf of respondent No. 1 in civil appeal arising out of SLP (C) No. 2228/2022. At this stage, it is required to be noted that though served, nobody has appeared on behalf of respondent No. 1 in connected SLP (C) No. 4724/2022. This Court adjourned the matter earlier so as to ascertain that respondent No. 1 appears in the subsequent SLP (C) No. 4724/2022. When we enquired from Ms. Sonam Anand, learned counsel, who is appearing on behalf of very respondent No. 1 in connected matter being SLP (C) No. 2228/2022, whether she has any instructions to appear on behalf of respondent No. 1, she has clearly stated at the bar that though she has informed respondent No. 1 about SLP (C) No. 4724/2022, she has no further instructions to appear on behalf of respondent No. 1 in the connected matter bearing SLP (C) No. 4724/2022. We do not appreciate the conduct on the part of respondent No. 1 in appearing in one matter and not appearing in the connected matter though served. It appears that in view of the subsequent order obtained by him from the Division Bench of the High Court, which is the subject matter of SLP (C) No. 4724/2022, by withdrawing the Letters Patent Appeal with liberty to file appropriate proceedings before the appropriate forum and obtaining observations that the observations made by the learned Single Judge in order dtd. 7/10/2021 passed in Special Civil Application No. 2763/2017 may not be considered by the appropriate forum before whom the proceedings to be initiated which is also the subject matter of subsequent SLP, deliberately respondent No. 1 has chosen not to appear in the subsequent SLP (C) No. 4724/2022.