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Bombay High CourtIA/2169/2024disposed off

Shree Offset Printers And Copiers And ANR v. Janaseva Sahakari Bank Ltd And ORS.

2024-03-01Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

7.wp.15658.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15658 OF 2023 M/s.Shree Offset Printers and Copiers & Anr.

.. Petitioners

Versus

Authorized Officer, Janaseva Sahakari Bank Limited & Ors.

.. Respondents WITH INTERIM APPLICATION NO.2169 OF 2024 IN WRIT PETITION NO.15658 OF 2023 Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.03.04 11:07:50 +0530 UTKARSH KAKASAHEB BHALERAO M/s.Shree Offset Printers and Copiers & Anr.

.. Applicants (Org.Petitioner Nos.1&2)

Versus

Authorized Officer, Janaseva Sahakari Bank Limited & Ors.

.. Respondents Mr.Ronak Shah (through V.C.) a/w Jay Mehta, Advocates for the Petitioner.

CORAM:

B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MARCH 01, 2024 P. C.

1.

After the above matter was argued for some time the learned advocate appearing on behalf of the Petitioner sought leave to MARCH 01, 2024 Utkarsh

7.wp.15658.2023.doc withdraw the above Writ Petition with liberty to pursue the Securitization Application already filed by them before the DRT. He further submitted that possession has now been taken by the Bank and they be granted liberty to file an Interim Application [in the pending Securitization Application] seeking restoration of the possession. 2.

Considering these circumstances, the above Writ Petition is dismissed as withdrawn with liberty as prayed. 3.

If any Interim Application is filed by the Petitioner in the pending Securitization Application, the same shall be decided on its own merits and in accordance with law. We must clarify that we have not opined on the merits of the matter one way or the other. 4.

In view of the disposal of the Writ Petition, nothing survives in the above Interim Application and the same is disposed of accordingly.

5.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.] MARCH 01, 2024 Utkarsh