Industrial Development Bank Of India v. Export Import Bank Of India And ORS.

WP. 3351-04 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 3351 OF 2004 WITH CIVIL APPLICATION No. 701 OF 2009 WITH CIVIL APPLICATION No. 501 OF 2011 Industrial Development Bank of India ...

Petitioner Vs.

Export Import Bank of India & Ors.

...

Respondents *** None for the Petitioner.

Ms. Neha Kadape i/b T. Dayabhai, for Respondent No. 1. *** CORAM : V. M. KANADE, & M. S. SONAK, JJ.

DATE : AUGUST 1, 2016 PC.

1.

None appears on behalf of the Petitioner. Ms. Neha Kadape appears for Respondent No. 1. It appears that by efflux of time, petition has become infructuous, and therefore, Petitioner is not keen in pursuing the matter. Even otherwise we find that the view taken by the DRT and DRAT that the plant machinery is embodied to the factory premises, and therefore, it is a part of the immovable 1 / 2

WP. 3351-04 property. This view does not appear to be incorrect. Writ petition is therefore disposed of.

2.

In view of disposal of the petition, Civil Application Nos. 701/2009 and 501/2011 filed therein do not survive and are accordingly disposed of.

Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2