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2021 Supreme(Guj) 1178

J. B. PARDIWALA, NIRAL R. MEHTA
PRASHANT SHASHI RUIA – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates Appeared:
For The Appellant :MR MIHIR THAKORE SENIOR COUNSEL WITH MR MIHIR JOSHI SENIOR COUNSEL ASSISTED BY MR KEYUR GANDHI WITH MR RAHEEL PATEL ADVOCATES FOR NANAVATI ASSOCIATES.
For The Respondent: MR. NAVIN PAHWA SENIOR COUNSEL FOR SHARDUL AMARCHAND MANGALDAS

JUDGMENT :

J.B.PARDIWALA, J.

1. Since the issues raised in all the captioned writ applications are the same, those were taken up for hearing analogously and are being disposed of by this common judgement and order.

2. For the sake of convenience, the writ application being the Special Civil Application No.11199 of 2019 is treated as the lead matter.

3. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs:

    “(A) That this Hon’ble Court may be pleased to issue a writ of prohibition and / or an appropriate writ, order and / or direction, directing the Respondent No.2 to not proceed with the final hearing and adjudication of Original Application No.648 of 2018, till such time that the Resolution Plan is finally approved / confirmed by the Appellate Authorities under the provisions of the Insolvency and Bankruptcy Code, 2016.

(B) Pending hearing and final disposal of the present petition, this Hon’ble Court may be pleased to direct the Respondent No.2 to adjourn the scheduled hearings of Original Application No.6

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