- (1.) Since all the aforesaid three Cr. Misc. applications have been filed against a common order dated 9.7.2012 passed by this Court in S.B. Cr.Misc. Petitioners Nos. 723/2003 and 801/2003, hence the arguments have been heard together and they are being decided by this common order. S.B. Cr. Misc. Application No. 317/2012 has been filed by the Bank of Rajasthan Ltd. (applicant No. 1) and Praveen Kumar Tayal (applicant No. 2) in S.B. Criminal Misc. Petition No. 723/2003 with the following prayer: "It is, therefore, prayed that this application may kindly be allowed, the order dated 9.7.2012 passed by the Hon'ble Court in S.B. Cr. Misc. Petition No. 723/2003 may kindly be recalled and the said petition may kindly be decided on merits after providing adequate opportunity of hearing." It may be mentioned that other applicants 3 to 14 have been arrayed as applicants in the application but their authorisation letters have not been filed for filing this criminal misc. application.
(2.) S.B. Cr. Misc. Application No. 312/2012 has been filed by H.R. Khan, A.K. Pandya and Bulakidas in S.B. Criminal Misc. Petition No. 801/2003 with the following prayer: "It is, therefore, most humbly prayed that this application may kindly be allowed and the impugned order dated 9.7.2012 passed by the Hon'ble High Court in S.B. Cr.Misc. Petition No. 801/2003 may kindly be recalled arid the said petition may kindly be heard and decided on merits after providing an adequate opportunity of hearing to the humble applicants-petitioners."
(3.) S.B. Cr. Misc. Application No. 335/2012 has been filed by the applicant the Bank of Rajasthan (now amalgamated with the ICICI Bank Limited) in S.B. Criminal Misc. Petition No. 723/2003 with the following prayer: "It is, therefore, most humbly prayed that this application may kindly be allowed and the impugned order dated 9.7.2012 passed by the Hon'ble High Court in S.B. Cr. Misc. Petition No. 723/2003 may kindly be recalled and the said petition may kindly be heard and decided on merits after providing an adequate opportunity of hearing to the humble applicant-petitioner Bank." The applicants 2 to 14 have been arrayed as proforma applicants in the above petition.;