M/S Kamal Construction Company v. Bank Of Maharashtra

WP. 7920-16 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 7920 OF 2016 M/s. Kamal Construction Co.

...

Petitioner Vs.

Bank of Maharashtra ...

Respondent *** Mr. Bhushan Deshmukh i/b Jyoti R. Dhanja, for the Petitioner. Mr. G. A. Kshirsagar, for the Respondents.

*** CORAM : V. M. KANADE, & M. S. SONAK, JJ.

DATE : JULY 12, 2016 PC.

.

The learned counsel appearing on behalf of the Petitioner submits that the Petitioner never made a statement before the DRT that they are ready and willing to comply with the condition for stay, viz. depositing a sum of Rs. 50 lakhs. Since the Petitioner is disputing the statement recorded before the Court, the Petitioner has to approach before the same Court. The Petitioner is therefore at liberty to move the DRT. We are, therefore, not inclined to entertain this writ petition. 1 / 2

WP. 7920-16 Secondly, the Petitioner has an alternate efficacious remedy of filing an appeal. With this direction, writ petition is disposed of. All contentions of both the parties raised in this petition are kept open. At this stage, no interim relief can be granted. Sd/- Sd/- [M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2