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2022 Supreme(Guj) 856

Universal Hospital A1 Ain LLC – Appellant
Versus
Yes Bank Limited – Respondent


Advocates appeared:
Ayaan A.Patel, Chandrakant S.Dawani, S.N.Soparkar, Arjun M.Joshi, Gargi Vyas, Advocates

JUDGMENT :

1. Issue Rule returnable forthwith. Mr. Arjun Joshi, learned counsel appearing for Ms. Gargi R. Vyas, learned counsel waives service of notice of Rule on behalf of the respondent.

2. With the consent of the learned counsel appearing for the respective parties, the present petitions are taken up for final hearing.

3. As the identical issue involved in both the aforesaid petitions, the same is decided by way of common order and Special Civil Application No. 16268 of 2020 is treated as lead matter.

4. The present petition under Article 226 of the Constitution of India is filed by the petitioners seeking the following reliefs, which reads thus:

    "(A) to quash and set aside the notice dated 14.08.2020 of the Respondent Bank;

(B) direct the Respondent Bank, its servants and agents to act in accordance with law and to refrain from taking any steps or further steps in the matter of proceedings against the Petitioner No.1 as a willful defaulter;

(C) direct the Respondent Bank to produce the records of the Respondent relating to possible classification of the Petitioners as willful defaulter;

(D) to direct that pending the hearing and final disposal of the present Special Civil Application

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