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2004 Supreme(SC) 743

R. C. LAHOTI, G. P. MATHUR, C. K. THAKKER
Bank Of India – Appellant
Versus
SHARDA DEVI – Respondent


ORDER

1.Heard on the question of admission.

2. The High Court, in a pending writ petition, passed an interim order dated 29-3-2004 after hearing all the parties including Reserve Bank of India, the petitioner before us. Reserve Bank of India had raised very many pleas contained in its counter-affidavit dated 8-4-2004. It appears that the petitioner in the High Court moved an application dated 21-4-2004 seeking modification of the order dated 29-3-2004. The prayer for modification has been allowed. The grievance of Reserve Bank of India is that the impugned order of modification dated 23-4-2004 is contrary to law and does not take into consideration various pleas which were raised on behalf of Reserve Bank of India in its counter-affidavit dated 8-4-2004. The impugned order dated 23-4-2004 does not reflect the objections raised on behalf of Reserve Bank of India having been dealt with.

3. In our opinion, better course to follow for Reserve Bank of India, the petitioner before us, would be to approach the High Court inviting its attention to the several pleas raised in its counter-affidavit and such other pleas as may be available to it under the law to urge and seek reconsideration



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