Geeta Naraindas Shivadasani v. Axis Bank Limited

13.WP.4740.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4740 OF 2018 Ms. Geeta Naraindas Shivadasani ... Petitioner V/s.

Axis Bank Ltd.

... Respondent Mr. K.T. Kukreja a/w Mr. N.A. Gharkar i/b Mr. Arvind Manghirmalani for the Petitioner.

CORAM :

A.A. SAYED AND RAVINDRA V. GHUGE, JJ.

DATE :

18th APRIL, 2018.

P.C. :

Since the Petitioner has already filed an Appeal before DRT impugning the order dated 12.01.2018 of the DRT, we are not inclined to entertain the Petition.

We record the statement of the learned Counsel for the Petitioner, on instructions, that the Petitioner shall deposit the entire 50% amount under the Recovery Certificate and shall not press for further waiver of the pre­deposit. The said amount shall be paid in two installments viz. 25% within a period of three weeks from today and the 25% balance amount within three weeks thereafter.

Waghmare 1/2

13.WP.4740.18.doc Learned Counsel for the Petitioner undertakes to produce a copy of this order before the DRAT in the Waiver Application which will be filed, if not already filed, within two weeks. The Petitioner would be at liberty to apply for stay of the execution of the Recovery Certificate upon payment of 50% of the amount of the Recovery Certificate as recorded above.

In the facts and circumstances of the case, the DRAT to dispose of the Appeal expeditiously.

The Petition to stand disposed of.

(RAVINDRA V. GHUGE, J.) (A.A. SAYED, J.) Waghmare 2/2