M/S. Viraj Inks And Chemicals Pvt. Ltd. And ORS. v. Abhyudaya Co-Op. Bank Ltd.

- 1 - (WP 3150 of 2015) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 3150 OF 2015 M/s. Viraj Inks & Chemicals Pvt. Ltd. and Ors.

...Petitioners

Vs.

Abhyudaya Co-op. Bank Ltd.

...Respondent

*********** Ms.Pooja Patil a/w. Mr. Vivek Phadke i/b. Pallavi A. Kulkarni for Petitioners Mr. Vishal Ghosalkar for Respondent No.1 *********** CORAM : V. M. KANADE & A.R. JOSHI, JJ DATE : MARCH 26, 2015 P.C. :

1.

The learned counsel for the Petitioners seeks leave to withdraw the petition and file an appropriate proceeding before the DRT. 2.

Writ petition is allowed to be withdrawn and disposed of. It is submitted that six weeks' protection/stay may be granted to the order passed by the Magistrate in order to enable the Petitioners to approach the DRT.

3.

It will not be possible for this Court to grant stay to the order passed by the Magistrate since the Petitioners have an alternate efficacious remedy and they can very well approach the DRT and seek interim relief which they have claimed in this petition. It is clarified that the DRT shall not be influenced by any opinion / observation made by 1/2

- 2 - (WP 3150 of 2015) this Court while deciding the case of the Petitioners on merits and in accordance with law. All contentions raised by the Petitioners are kept open. Writ petition is disposed of.

[A.R.JOSHI, J.] [ V. M. KANADE, J.] Vaishali Tikam 2/2