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Bombay High CourtWP/2727/2019dismissed

M/S. Vikram Equipments India Pvt. Ltd. v. Union Of India Thru Ministry Of Finance , New Delhi And ORS

2020-01-10Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre2 pages

(9)-WP-2727-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2727 OF 2019 M/s. Vikram Equipments India Pvt. Ltd.

..Petitioner

Versus

Union of India & Ors.

..Respondents Mr. Asif Shaikh i/by Mr. Javed Akhtar Khan, Advocate for the Petitioner.

Mr. Jayesh Patel, Advocate for Respondent No.2. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 10th JANUARY, 2020 P.C.

1] Request for adjournment is declined for the reason the Writ Petition challenges an order dated 28.11.2018 passed by DRT-III, Mumbai declining to condone the delay in filing S.A. No.267 of 2010 filed under Section 17 of the SARFAESI Act, 2002. 2] The Petitioner has a remedy to challenge the said order before DRAT.

3] The second reason is that the impugned order records that the Securitisation Application and Misc. Application filed on behalf of a company were by Mr. Hitesh P. Mehta who had ceased to be a director of the company and no document was filed showing that he BGP.

(9)-WP-2727-19.doc.

was authorised to represent the company. In the Writ Petition not a word has been pleaded on said aspect of the matter i.e. the lack of authority in Mr. Hitesh P. Mehta to file proceedings before DRT on behalf of a company.

4] The Writ Petition is accordingly dismissed.

SMT. BHARATI DANGRE, J CHIEF JUSTICE Balaji G.

Panchal by Balaji G.

Panchal Date:

2020.01.10 15:06:49 +0530 BGP.