BANNA RAM LOL CONSTRUCTION COMPANY Vs. STATE

JUDGEMENT

(1.) This is a second stay petition moved by the appellant wherein the appellant submits that this Court while admitting the appeal on 2/5/2008 passed an interim order in the following terms:-

(2.) Learned counsel for the appellant submits that after the order was passed when the appellant came to know that the respondent Bank was taking steps for invoking the bank guarantee, the appellant impleaded the bank as party to the proceedings and whereafter, an order came to be passed on 24/8/2016 and the interim order dtd. 2/5/2008 was confirmed till the disposal of the appeal. He, therefore, submits that the interim order passed by this Court for restraining from taking any coercive steps would operate against the Bank and prays that the interim order be directed to be applicable upon the respondent Bank also.

(3.) Reply has been filed by the respondent Bank wherein it is stated that before the order could be passed by this Court on 2/5/2008, the respondent P.W.D. had already invoked the bank guarantees on 11/4/2008 amounting to Rs.12,40,000.00, Rs.14,43,000.00 and Rs.15,02,626.00 and the Bank has already made the payments on 15/4/2008. Thus, these facts were required to be informed to the Court at the time when the interim order was passed but the said facts were not brought to the knowledge of the Court. Now in terms of the provisions of SARFAESI Act, the action is being taken against the appellant. A notice in this regard was issued on 18/11/2013 against which a writ petition was preferred by the appellant which came to be dismissed by this Court vide order dtd. 25/10/2018. The present stay application, therefore, would not lie in relation to the claim of the Bank as against the appellant.