Hdfc Bank Ltd. Mumbai v. Kenwood Marketing Inc Thr Its Proprietor And ORS

spm 1 907-Ia-17158-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by MULEY SHUBHAM PRAVINRAO Date:

2022.10.12 17:46:21 +0530 CIVIL APPELLATE JURISDICTION MULEY SHUBHAM PRAVINRAO INTERIM APPLICATION NO. 17158 OF 2022 IN WRIT PETITION NO. 9569 OF 2022 HDFC Bank Ltd.

.....Applicant Vs.

Kenwood Marketing Inc. and Ors.

.....Respondents Mr. Pankaj Vijayan i/by Intralegal for Applicant. Mr. Mangesh Dongre a/w Mr. Ashish Khedekar for Respondents. CORAM : K. R. SHRIRAM & A. S. DOCTOR, JJ.

DATE : 7th OCTOBER, 2022 P.C.:- 1.

Petitioner is impugning an order dated 20th June 2022 passed by Debts Recovery Appellate Tribunal (DRAT) allowing the appeal filed by Respondent. This Interim Application is taken out to restrain DRAT from allowing Respondent to withdraw a sum of Rs.12,80,520/- which Respondent had deposited as pre-condition for filing an Appeal. According to Applicant, Respondent should not be allowed to withdraw the amount. Mr. Vijayan submitted that the application of Respondent for withdrawing the amount was kept for hearing on 7th September 2022. It is not clear what happened thereafter.

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spm 2 907-Ia-17158-2022.doc 2.

Keeping open Petitioner's rights to raise all points before DRAT, application is disposed.

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Writ Petition to come up for admission in due course. (A. S. DOCTOR, J.) (K. R. SHRIRAM, J.) 2/2