Dr. Suman Shivaji Rathod v. Indian Overseas Bank

28 ia 13792-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by LAXMI SUBHASH SONTAKKE Date:

2023.08.02 15:21:05 +0530 LAXMI SUBHASH SONTAKKE INTERIM APPLICATION NO. 13792 OF 2023 IN WRIT PETITION NO. 1388 OF 2015 Suman Shivaji Rathod .. Applicant

Versus

Indian Overseas Bank .. Respondent None for the Applicant.

Mr. Rakesh Singh i/b. M. V. Kini & Co. for the Respondent-Bank.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : AUGUST 01, 2023 P. C.

1.

When the above Interim Application is called out, none appears on behalf of the Applicant.

2.

The learned Advocate appearing for the Bank has brought to our attention the order passed by the DRAT on 4th January, 2023. He submitted that the Applicant herein (the Appellant before the DRAT) did not appear before the DRAT and therefore the DRAT has dismissed the Appeal. He submitted that this application is wholly misconceived AUGUST 01, 2023 Laxmi

28 ia 13792-23.doc because the Appellant has to either approach the DRAT seeking restoration of its appeal or file a writ petition challenging the said order. The relief sought in the present Interim Application cannot be granted and which is filed in a disposed of writ petition, was the argument. 3.

Be that as it may, we find that the Applicant has not appeared in the above matter. In these circumstances, without commenting on the arguments made by the learned Advocate for the Respondent Bank, we dismiss the above Interim Application for want of prosecution.

4.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] AUGUST 01, 2023 Laxmi