BEFORE THE HON’BLE HIGH COURT OF DELHI

AT NEW DELHI
CM APPL. NO. ………………..2024
IN W.P.(C) 9329/2023
IN THE MATTER OF:

MANOJ KUNWAR & ORS. ..... PETITIONERS

VERSUS

PUNJAB NATIONAL BANK & ORS. …. RESPONDENTS

INDEX

No. Particulars Page No(s)

1. URGENT APPLICATION

2. NOTICE OF MOTION

3. APPLICATION FOR APPROPRIATE

DIRECTIONS & INTERIM RELIEF
UNDER SECTION 151 OF CPC,1908
ALONG WITH AFFIDAVITS

4. PROOF OF SERVICE .

Applicant

Through

JATIN SHARMA
D/951/2012
Advocate for Petitioner
For Jurist and Jurist International Law Firm
E-26, 2nd Floor, Greater Kailash-I,
New Delhi New Delhi-110048
Date Mob No.9811881981
 BEFORE THE HON’BLE HIGH COURT OF DELHI,
AT NEW DELHI
CM APPL. NO. ………………..2024
IN W.P.(C) 9329/2023

IN THE MATTER OF:

MANOJ KUNWAR & ORS. ..... PETITIONERS

VERSUS

PUNJAB NATIONAL BANK & ORS. …. RESPONDENTS

URGENT APPLICATION

TheRegistrar
Delhi High Court
New Delhi-110003

Sir,

Will be you kindly treat this accompanying application as an

urgent one in accordance with the high court rules and orders.

The ground of urgency are as mentioned in the accompanying

application. Applicant

THROUGH

JATIN SHARMA
D/951/2012
Advocate for Petitioner
For Jurist and Jurist International Law Firm
E-26, 2nd Floor, Greater Kailash-I,
New Delhi-110048
Mob No.9811881981
New Delhi: Email: info@juristandjurist.com
Dated : 02.02.2024
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT
NEW DELHI
CM APPL. NO. ………………..2024
IN W.P.(C) 9329/2023
IN THE MATTER OF:

MANOJ KUNWAR & ORS. ..... PETITIONERS

VERSUS

PUNJAB NATIONAL BANK & ORS. …. RESPONDENTS

NOTICE OF MOTION

Sir,

Take notice that the accompanying application has been filed on

behalf of the applicant and is likely to be listed on / /2024. or
any day thereafter, as convenient by this Hon'ble High Court.

Applicant

THROUGH

JATIN SHARMA
D/951/2012
Advocate for Petitioner
For Jurist and Jurist International Law Firm
E-26, 2nd Floor, Greater Kailash-I,
New Delhi-110048
Mob No.9811881981
New Delhi: www.juristandjurist.com
Dated : 02.02.2024 Email: info@juristandjurist.com
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT
NEW DELHI
CM APPL. NO. ………………..2024
IN W.P.(C) 9329/2023

IN THE MATTER OF:

MANOJ KUNWAR & ORS. ..... PETITIONERS

VERSUS

PUNJAB NATIONAL BANK & ORS. …. RESPONDENTS

APPLICATION FOR APPROPRIATE DIRECTIONS & INTERIM

RELIEF UNDER SECTION 151 OF CPC,1908

MOST RESPECTFULLY SHOWETH:

1) That the present writ petition is pending adjudication before this

Hon’ble Court. The contents of the same may be read part and

parcel of this application and the same are not being repeated

herein to avoid the repetition and for the sake of brevity.

2) That the present Writ Petition was listed on 08.08.2023 and the

respondent no. 3 accepted the notice of the Petition.

3) That on 22.11.2023, the Hon’ble Court was pleased to issue

directions to the respondents to file their counters within four

weeks however, till date no response/reply has been received from

any of the respondents.

4) That the CM APPL. 64304/2023 dated 29.11.2023 is also pending

adjudication before this Hon’ble Court.

5) That vide the present Writ Petition, the sanctity of order of NPA

dated 31.5.2017 and order of Willful Defaulters dated 07.11.2022

issued by the Respondent no. 1 are under challenge as pursuant to

the said orders, the Respondent No. 1 has been taking coercive

action against the Petitioners and their MSME Company. The

respondent no. 1 has also initiated liquidation proceedings against

the petitioner’s MSME.

6) That the Respondent No. 1 is proceeding ahead to enforce the

impugned orders despite pendency of the present Writ Petition.

7) That the respondent no. 1 without following the mandate of the

Master Circular of the Reserve Bank of India (RBI) and also the

principles laid down by the Hon'ble Supreme Court in the case of

‘State Bank of India vs. Jah Developers Private Limited and Ors

and Master Circular dated 17.03.2016 for policy on framework for

revival and rehabilitation of MSMEs, has initiated the proceedings

and the order dated 7.11.2022 has encouraged numerous litigations

against the MSME unit/company of the petitioners as well as

against the petitioners before different forums, courts and tribunals.

 8) That it is pertinent to mention that this Hon’ble Court in the similar

batch petitions on the similar subject matter as of the present

petition has been pleased restrained the banks from effecting the

orders willful defaulters in the following W.P.(C) 13858/2023,

W.P.(C) 14482/2023, W.P.(C) 4959/2023 and W.P.(C) 3782/2020.

Copy of orders are annexed from Annexure P1 to P4.

9) That it would be appropriate and in the interest of justice that as the

present Writ Petition also deals with the similar subject matter as of

the aforementioned batch petitions, the present Writ Petition be

tagged along and be taken up along with the said batch petitions

and interim relief to the said extent be also granted to the petitioner

to avoid contrary judgement & multiplicity of litigation.

10) The aforesaid batch petitions were listed before this Hon’ble Court

for consideration on 22.11.2023.

11) That the purpose of the Writ Petition shall be defeated in the event

the present application is not allowed.

PRAYER

In view of the above circumstance, the petitioners most

respectfully pray that this Hon’ble Court may kindly be pleased to:
1. Pass order to tag along the present Writ Petition along with

the batch Writ Petitions as mentioned in para 8 above;

2. Grant similar interim relief to the petitioner as granted in the

aforereferred batch Writ Petitions as detailed in para 8

above;

3. Pass an order to deal with the representation para-wise at

length made by the Petitioners before the Review

Committee.

4. Pass an order to grant liberty to the petitioners to raise any

other additional legal ground, if any, before the Review

Committee.

5. Pass an order to stay on the proceedings initiated by

the respondent no. 1 i.e PNB in execution of the

order dated 31.5.2017 and 07.11.2022 and its

ancillary consequential proceedings arises out of the

impugned order dated 31.5.2017 and 7.11.2022 during

 pendency of Writ Petition and during dealing the

representation para-wise at length made by the Petitioners.

6. Pass any other order deem fit to the Hon’ble Court, in the

interest of justice.

New Delhi
Petitioners

Dated Through

Jatin Sharma
Advocate for the petitioners
E-26, Second Floor,
Greater Kailash-I, New Delhi-110048
M 9811881981
 BEFORE THE HON’BLE HIGH COURT OF DELHI AT NEW

DELHI CM APPL. NO. ………………..

IN W.P.(C) 9329/2023

IN THE MATTER OF:

MANOJ KUNWAR & ORS. .....

PETITIONERS

VERSUS

PUNJAB NATIONAL BANK & ORS. ….

RESPONDENTS

AFFIDAVIT

AFFIDAVIT OF MANOJ KUNWAR, SON OF D. N. KUNWAR,

AGEDABOUT 50 YEARS, RESIDENT OF HAVING OFFICE AT K
336, SARITAVIHAR, NEW DELHI

I, the above-named deponent, do hereby state on solemn affirmation and

declare as under:

1. That I am the petitioner no. 1 in the above-captioned writ petition

and being acquainted with the facts of the case I am competent to
swear and depose about the same by way of this affidavit.

2. That submissions made in the accompanying application are true

and correct to my knowledge while the legal submissions made
therein are true on the basis of information received and believed to
be true.

3. That the contents of the accompanying application may be kindly

read and treated as part and parcel of my present affidavit as the
 contents of the same are not being repeated herein for the sake of
brevity.

4. That the accompanying application has been drafted by my counsel

under my instructions and the statements of facts mentioned therein
are true to my knowledge in my vernacular language and be read as
a part of this affidavit as the same has not been repeated here for
the sake of brevity.

DEPONENT

VERIFICATION:

I, the deponent above named, do hereby verify that the contents of the
above affidavit are true and correct to my knowledge and belief and no
part thereof is false and nothing has been concealed therefrom.

Verified at Delhi on this _____ day of ________ 2024.

DEPON
ENT