Dbm Educational Foundation Thr Its Authorised Trustee v. Nagpur Nagarik Sahakari Bank Ltd.

10. WP 3846-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3846 OF 2023 DBM Educational Foundation ...

Petitioner vs.

Nagpur Sahakari Bank Limited and Anr.

...

Respondents Mr. Sujit Mashal i/b Nasikwala Law Office for Petitioner. None for the Respondents.

CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 27 MARCH 2023 P.C. :

.

Heard learned counsel for the Petitioner.

Petitioner had challenged the order passed by the Debt Recovery Tribunal dated 9 March 2023 by filing an appeal in the Debt Recovery Appellate Tribunal. In the Debt Recovery Appellate Tribunal Petitioner sought stay of the order which was regarding taking of possession of the property. The proceedings were adjourned. Petitioner did not make the mandatory pre-deposit and while the appeal was pending the Respondents have taken over the possession of the property. Learned Counsel for the Petitioner states that Petitioners are ready to make the pre-deposit as per law. Thus essentially what the Petitioner seeks by this Petition is restoration of the possession of property. Same inquiry which will Nikita Gadgil

10. WP 3846-23.doc have to be undertaken for acceding to this request of the Petitioner would be undertaken in the appeal. Considering the fact that the Petitioner's appeal and stay applications are pending, we are not incline to entertain the petition. However, since during the pendency, possession of the property is lost, if Petitioners make a request for early hearing of the application/appeal, we have no doubt that the Debt Recovery Appellate Tribunal will consider the request sympathetically.

Since Respondents are not before us, we keep all contentions open, including the observations made by the Debt Recovery Tribunal that Petitioners have no concern with the property in question.

Writ Petition is accordingly disposed of.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2023.03.29 11:34:05 +0530 NIKITA YOGESH GADGIL Nikita Gadgil