Bombay High CourtCAW/1835/2015

Shri. Kiran Mahadev Anpat And ORS v. Oriental Bank Of Commerce

2018-01-31Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice V.L. Achliya2 pages

k 1/2 4 caw 1835.15 in wp as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1835 OF 2015 IN WRIT PETITION NO.9066 OF 2012 ...

Shri Kiran Mahadev Anpat & Anr.

... Applicants V/S Oriental Banks of Commerce & Anr.

....Respondents ...

Mr. Prashant P. Raul h/f Mr. Sanjeev P. Kadam for the Applicants/ Petitioners.

None for the Respondents.

...

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

DATE : 31 JANUARY 2018.

ORDER:

This Civil Application is filed in Writ Petition No.9066 of 2012. The said Writ Petition already stands dismissed by virtue of the conditional order dated 21 January 2014. The said order reads as under: ".

We direct the Petitioners to implead Mr. Milind Devid Bhalerao as party Respondent No.2. Amendment to be carried out within a period of two weeks. Issue notice to the added Respondent, returnable on 28th March, 2014. 2.

Ad-interim relief granted on 24th September, 2012 is extended till the next date subject to condition of the Petitioners depositing with the first Respondent Bank a sum of Rs.7.5 lakhs within a period of six weeks from today. The 1/2

k 2/2 4 caw 1835.15 in wp as.doc amount will be deposited without prejudice to the rights and contentions of the parties in the Petition. On failure of the Petitioners to deposit the said amount within the stipulated time, the Petition shall stand dismissed for non-prosecution without further reference to the Court."

The Civil Application is filed on 28 April 2014 for extension of time to deposit the amount. The Civil Application is pending since the year 2014 and has not been moved by the Applicants. The conduct of the Applicants/Petitioners dis-entitles them to the grant of relief. There is also no prayer for restoration of the Writ Petition (which stands dismissed) in the present Civil Application. Hence, we are not inclined to grant any relief in the present Civil Application.

The Civil Application is dismissed.

(V.L. ACHLIYA, J.) (A.A. SAYED, J.) katkam 2/2