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2018 (6) TMI 1587

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..... ce with law. - Writ Petition No.22228/2017 - - - Dated:- 19-6-2018 - S. C. Sharma, J. Shri Veer Kumar Jain, learned senior counsel with Shri Abhishay Jain, learned counsel for the petitioner. Shri Ramesh Chandra Sinhal, learned counsel for the respondent. ORDER The petitioner before this Court has filed present petition under Article 226 of the Constitution of India for issuance of an appropriate writ, order or direction directing the respondent to grant the petitioner assistance of lawyer as well as a Chartered Accountant. A prayer for quashment of Annex.-P/8 has also been made in the present writ petition. The facts of the case reveal that the petitioner is a Company incorporated under the Companies Act, 1956 and .....

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..... tion is that in light of the aforesaid judgment delivered by the Division Bench, the petitioner Company is entitled for representation through a Lawyer / Chartered Accountant. Shri Sinhal, learned counsel for the respondent Bank has drawn the attention of this Court towards paragraph No.17 (FF) and the same reads as under:- 17(FF). Mention may though be made of Gujarat Steel Tubes Ltd. Vs. Gujarat Steel Tubes Mazdoor Sabha (1980) 2 SCC 593 where it was observed that the word Tribunal simpliciter has a sweeping signification and does not exclude Arbitrator. (GG) Seen in this conspectus, the GRC has been constituted by the Master Circular. Such Circulars of the Reserve Bank of India (RBI) have in, ICICI Bank Ltd. Vs. Official Liqu .....

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..... has directed State Bank of India in an identical case to take into account the judgment delivered in the case of Punjab National Bank Vs. Kingfisher Airlines Ltd. (supra) decided by Division Bench of Delhi High Court, while proceeding ahead against borrower. He has also placed reliance upon a judgment delivered by this Court in the case of Kailash Chandra Shahra Vs. State Bank of India and Another passed in Writ Petition No.11020/2018 on 18/05/2018, wherein again this Court has directed the Bank to take into account the judgment delivered in the case of Punjab National Bank Vs. Kingfisher Airlines Ltd. (supra). Shri Sinhal has drawn the attention of this Court towards latest judgment delivered in the case of Dynametic Overseas Pvt. L .....

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