Elshiv Chemicals Pvt. Ltd. v. Central Bank Of India And ORS.

(904) WP 3832-18 Amk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3832 OF 2018 Elshiv Chemicals Pvt. Ltd.

.. Petitioner Vs.

Central Bank of India & Ors.

.. Respondents Mr. Shilpan Gaonkar i/b Sanjana Ghogare for the Petitioner. Mr. R. J. Singh for the Respondent-Bank.

Mr. Rakesh Singh a/w. Mr. Kunal Chhed Mohin for the Intervener/Auction Purchaser.

CORAM : A. A. SAYED & V. L. ACHLIYA, JJ.

DATE : 27 th MARCH, 2018.

P. C. :

1.

Inasmuch as the Petitioner has an alternate remedy, we are not inclined to entertain the Petition. The Petition is, accordingly, dismissed. 2.

Statement of the learned Counsel for the Respondent-Bank is recorded that for the period of three weeks, they will defer taking possession of the secured asset.

3.

On the request of learned Counsel for the Respondent-Bank we deem it appropriate to observe that it will be open for the RespondentBank to apply for extension of time so far as the order dated 05.03.2015 of the District Magistrate, Palghar is concerned, which shall be considered on its own merits and in accordance with law. We clarify that we express no opinion in that regard.

[V. L. ACHLIYA, J.] [A. A. SAYED, J.] 1/1