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2023 (8) TMI 1433 - HC - Indian LawsProperty being pledged in a loan and then being sold after being undervalued - Civil dispute of not - difference of opinion between the members of the Division Bench and the matter has been referred under Chapter VIII Rule 3 of the Rules of the Court but in the referring order the point of difference is not noted - HELD THAT:- Looking to the nature of the incident being related to financial institutions of money lenders who were pursuing recovery proceedings of their enforceable debts and the proceedings thereof satisfy the same, it is a fit case for grant of interim protection to the petitioners. The argument of learned Additional Advocate General that the petitioners will not arrested and the proceedings, if any, will be taken up as per the directions of the Apex Court in the judgment in NIRAJ TYAGI AND ANOTHER VERSUS STATE OF U.P. AND 3 OTHERS [2023 (7) TMI 1368 - ALLAHABAD HIGH COURT] relied by him is concerned, the interim order as granted is not limited to merely protecting the arrest of the petitioners but is on other counts too. Since this Court has come to a conclusion that it is a fit case for grant of interim protection, the same is granted. The present case is a fit case for grant of interim protection in terms of the order passed by another Division Bench of this Court in Niraj Tyagi - List this petition before the Division Bench on the date fixed therein for appropriate orders.
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