ZARIFKHAN J PATHAN Vs. ICICI BANK LIMITED

JUDGEMENT

(1.) RULE. In light of the controversy involved in the petition and the view that the Court is inclined to adopt, the petition is taken up for final hearing and disposal today. Learned advocates appearing for respondents are directed to waive service of rule.

(2.) BEFORE proceeding with narrating the facts and the contentions of respective parties it is required to be noted that after hearing the parties Civil Application No. 11176 of 2009, whereby Samrat Namkin Private Limited, the applicant therein, has been permitted to be impleaded as respondent No. 2 in the main petition in light of the facts which will be recorded hereinafter, stands allowed. Hence, learned advocate appearing for respondent No. 2 has also been heard at length.

(3.) IT is necessary to note that the petition was heard at length yesterday, viz. 11. 11. 2009, and as the Court working hours were over the matter was kept overnight part heard with intimation to the learned advocates that the matter shall be proceeded with peremptorily at 10:30 a. m. Learned advocate for respondent No. 1-Bank, who was addressing the Court on 11. 11. 2009 when the day was over has not turned up when the matter has been called out and a request for passing over the matter has been turned down in the circumstances. It is necessary to also note that at 11:30 a. m. when the court commenced the judgment after hearing learned advocate for respondent No. 2 and learned Senior Advocate appearing for the petitioner in rejoinder, learned advocate for respondent-Bank is yet absent. Thereafter, when the judgment was almost over learned advocate turned up and informed that the matter had been transferred to another learned advocate and hence, he did not remain present. No appearance has been filed by any other advocate and none has remained present.