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Judgment
Heard learned counsel for the appellant.
In the present appeal, challenge has been made to an order dated 05.09.2019 passed by the learned Single Judge in Second Stay Application No.11775/2019 arising out of S.B. Civil Writ Petition No.9702/2017, by which order the learned Single Judge was pleased to reject the second stay application.
Shri Nidhi Shankar Acharya, learned counsel for the appellant submits that although the second stay application has been filed by the writ petitioner, it became necessary since in the original writ petition, a stay application had already been moved and the learned Single Judge was pleased to issue notice to the RIICO in both writ petition and stay application and during pendency of the writ petition, the respondent-RIICO addressed a notice dated 07.06.2019 to the present appellant (Capital First Limited), in essence bringing to their notice breach of the condition of lease before cancellation and therefore, directing the Capital First Limited to initiate action for recovery of its due.
After disposal of the second stay application by the learned Single Judge and filing of the present special appeal, it appears that the appellant has, in fact, cleared the loan amount due to the Bank. Consequently, no cause of action survives against the appellant.
Essential contention of Shri Acharya is that the writ petition had been moved before the Single Bench seeking to challenge the modification of the conversion charges fixed by the respondent RIICO and after notices were issued to the RIICO, it attempted to misuse its position by sending a notice to the appellant Bankers, instead of responding to the notice issued by the Court.
Considering the aforesaid facts, since the issue raised in the second stay application before the learned Single Judge no more subsists, we grant liberty to the appellant, if so advised, to seek appropriate amendment in the writ petition and/or to seek listing of the matter on an early date before the learned Single Judge. If such application is filed, we are confident that the learned Single Judge will take up the matter on an early date and dispose of the same in accordance with law. It is further stated that the next date fixed by the learned Single Judge is 16.03.2020. We also grant liberty to the appellant, if so advised, to move to the learned Single Judge to seek appropriate interim directions against the threat of cancellation of lease. If such application is filed, it may be taken up on an early date and may be decided in accordance with law.
In view of the aforesaid, the appeal stands disposed of.