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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jyoti Singh, Anoop Kumar Mendiratta, JJ.
Atul Punj and Others – Appellants
Vs.
IDBI Bank through Assistant General Manager – Respondent
LPA No. 394 of 2022
Decided On : 15-06-2022
Undertaking - Restraining Order - The court granted relief to the appellants on the condition that they provide an undertaking not to approach any bank or financial institution for availing any loan or credit facilities until the next date of hearing. The respondent was restrained from publishing the names or photographs of the appellants in the media to protect their image and reputation.
Fact of the Case:
The appellants sought relief in the form of an undertaking and a restraining order to protect their image and reputation.
Finding of the Court:
The court granted the relief to the appellants on the condition of providing an undertaking and issued a restraining order against the respondent. The appeal was disposed of, leaving all rights and contentions of the parties open in the writ petition pending before the learned Single Judge.
Issues:
Ratio Decidendi: The court's decision was influenced by the need to protect the appellants' image and reputation by imposing a restriction on the respondent from publishing their names or photographs in the media.
Final Decision: The court granted the relief to the appellants and disposed of the appeal, leaving all rights and contentions of the parties open in the writ petition pending before the learned Single Judge.
JUDGMENT :
Jyoti Singh, J.
C.M. Appl. No. 28315/2022
1. Mr. Mohit Mathur, learned Senior Counsel appearing on behalf of the Appellants, on instructions, submits that in case the relief claimed in prayer (c) of the present application is granted, the Appellants shall not press the present appeal.
2. It is further submitted on instructions that the Appellants undertake before this Court that they shall not approach any Bank or Financial or Non-Banking Financial Institution for availing any loan or credit facilities, till the next date of hearing and in view thereof the Respondent be restrained from publishing the names or photographs or any other particulars of the Appellants in the media, i.e. newspapers, magazines etc. so that their image and reputation is not tarnished.
3. Let an undertaking to the aforesaid effect be furnished by the Appellants to the IDBI Bank/Respondent, within two days from today.
4. Subject to the undertaking being furnished to the satisfaction of the Respondent, IDBI Bank/Respondent herein is restrained from publishing the names, photographs or any other details/particulars of the Appellants in the newspapers or magazines as contemplated in the letter dated 26.05.2022, appended as Annexure-A3 to the present Appeal.
5. Application is accordingly disposed of.
LPA No. 394/2022
6. In view of the disposal of the application, learned Senior Counsel for the Appellants does not press the present Appeal, which is accordingly disposed of, leaving all rights and contentions of the parties open in the writ petition, pending before the learned Single Judge.
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