Shri Bishwanath Jhunjhunwala And ANR. v. Bank Of Maharashtra

WP6517.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6517 OF 2016

1. Shri Bishwanath Jhunjhunwala & Anr.

... Petitioners Vs Bank of Maharashtra ... Respondent Mr. Satish Shetye i/b Ms. Pallavi A. Kulkarni for the Petitioner. Mr. Prem Das for the Respondent.

CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKARJOSHI, JJ.

WEDNESDAY, 15TH JUNE, 2016 P.C. :

1.

We have perused the writ petition and the annexures thereto, including the order of the Hon'ble Supreme Court of India. That order was passed on the basis that the petitioners have deposited a sum of Rs.75,00,000/- on 31st March, 2016. 2.

Mr. Shetye appearing for the petitioner states that an appeal has been filed being Appeal (L) No.164 of 2015, which is pending before the Debts Recovery Appellate Tribunal. SRP 1/2

WP6517.16.doc 3.

Without prejudice to the rights and contentions of all the parties in the appeal, we direct that during the pendency of the same, no coercive steps shall be taken so as to sell the property. Beyond this direction, the writ petition does not seek any relief. It is, accordingly, disposed of. We clarify that we have not expressed any opinion on the rival contentions. DR.SHALINI PHANSALKAR-JOSHI, J. S.C. DHARMADHIKARI, J. SRP 2/2