M/S. Raj Rayon Industries Ltd. And ORS v. State Bank Of India And ANR

906-WP-4343-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4343 OF 2019 M/s. Raj Rayon Industries Ltd. & Ors.

...Petitioners

Versus

State Bank of India & Anr.

...Respondents

---------- Ms. Sowmya Srikrishna, i/b Mr. Sachin Kaikini, for the Petitioners.

None for the Respondents.

---------- CORAM :

A.A. SAYED & R.I. CHAGLA, JJ.

DATE : 5 April 2019 ORDER :

1.

The Petitioners have already filed an Appeal before the D.R.A.T. against the order dated 23rd March 2019 (wrongly 1 / 2 April 5, 2019

906-WP-4343-19.doc stated to be typed as 22nd March 2019) dismissing the Interim Application No. 724 of 2018 which Interim Application was filed on the ground of lack of territorial jurisdiction. 2.

The grievance of the Petitioners is that despite filing the Appeal, circulation was not granted, as one of the Respondents in the O.A. was not served. It is pointed out that as a matter of fact service upon the said Respondent was not at all necessary.

3.

We merely grant liberty to the Petitioners to mention the matter before the D.R.A.T. for circulation of the Appeal which may be considered sympathetically by D.R.A.T. 4.

With the aforesaid directions, the Petition is disposed of.

[R.I. CHAGLA, J.] [A.A. SAYED, J.] 2 / 2 April 5, 2019