M/S. Roots Global Pvt. Ltd. Thr. Lalti Dave v. The Registrar Debt Recovery Tribunal 3 And ANR

34-ia-4236-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.4236 OF 2023 IN WRIT PETITION NO.2747 OF 2023 M/s. Roots Global Pvt. Ltd.

..

Applicant.

In the matter between M/s. Roots Global Pvt. Ltd., ..

Petitioners.

v/s.

The Registrar, Debt Recovery Tribunal-3 & Another ..

Respondents.

Mr. Prosper D' Souza i/b. Mr. A. P. Khanduri, for the Applicant. Mr. Prashant Somdale, Asst. Registrar, DRT-III, Mumbai, present.

CORAM:

NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE:

3 MAY 2023.

P.C:- The application is filed to recall the order dated 6 March 2023 disposing of the writ petition filed by the Petitioner which had sought to challenge the action taken by the Respondent- secured creditor under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in view of the availability of alternate remedy of approaching the Debt Geeta Mohite

34-ia-4236-2023.doc Recovery Tribunal. We had directed the DRT that if the Petitioner makes a request to take up the matter early, to consider the same sympathetically.

2.

The learned counsel for the Applicant original petitioner states that he is not asking for recall of the order but the DRT has not decided the application. The Registrar of DRT is present in the Court. He informs that because of some technical lacuna, the application of Petitioner is treated as not being filed. Learned Counsel for the Petitioner states that hard copy will be submitted within a period of one week. No further direction to DRT are necessary as the Petitioner will have to follow the procedure laid down in the DRT and only thereafter the issue of early disposal of the matter would arise. 3.

Application is disposed of.

(ABHAY AHUJA,J.) (NITIN JAMDAR, J.) Geeta Mohite