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Bombay High CourtWP/5072/2019disposed off

Bharatiya (Agri) Industries Pvt. Ltd. Through Its Director v. Bhartiya Nagari Sahakari Pat Sanstha Through Liquidator And ORS.

2023-12-07Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

1. WP 5072-5073.19.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5072 OF 2019 Bharatiya (Agri) Industries Pvt. Ltd.

through its Director ... Petitioner V/s.

Bhartiya Nagari Sahakari Pat Sanstha through Liquidator and Ors.

... Respondents with WRIT PETITION NO. 5073 OF 2019 Abhijit Nagnath Patil and Anr.

... Petitioners V/s.

Bhartiya Nagari Sahakari Pat Sanstha through Liquidator and Ors.

... Respondents Ms. Rukmini Khairnar for the Petitioners Mr. Manoj A. Patil for Respondent No.1 Ms. R.A. Salunkhe, AGP for the Respondent 2 to 4 - State CORAM : NITIN JAMDAR & MANJUSHA DESHPANDE, JJ.

DATE : 07 DECEMBER 2023 P.C. :- This Writ Petitions are filed on 16 December 2019 questioning the auction which was scheduled on 24 April 2019. Notice was issued in the Petition. Thereafter, the matters have

1. WP 5072-5073.19.doc remained pending for last four years. The learned Counsel for the Respondent No.1 had stated that the auction is complete which was the anxiety of the Petitioners when the Petitions were filed and the Petitioners if so advised, would have statutory remedies. Therefore, on 29 November 2023, a week's time was granted to the Advocate for the Petitioners to take instructions. The learned Counsel for the Petitioners reports no instructions.

2.

It is clear that the cause in these Petitions when they were filed does not survive. If the Petitioners have any statutory remedies, it is open to the Petitioners to pursue the same. Keeping all contentions open, the Petitions are disposed of. MANJUSHA DESHPANDE, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2023.12.12 14:45:11 +0530 JYOTI PRAKASH PAWAR