M/S. Navalakha Agencies And ORS v. Indian Bank And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2570 of 2016 IN WRIT PETITION NO. 10750 OF 2012 M/s.Navalakha Agencies and another.

...

Applicants.

V/s.

Indian Bank a Banking Corporation and others.

...

Respondents.

V.H.Narvekar i/b. S.S.Kanetkar for the applicants. Ms.Smita Wankhade i/b. R.Maravarman for respondent Nos.1 and 2. CORAM :

DR.MANJULA CHELLUR, C.J.

AND M.S.SONAK, J.

DATE :

3rd October 2016.

P.C. :

This civil application is filed seeking direction to the respondent bank or learned Registrar, Debt Recovery Appellate Tribunal (DRAT) to refund amount of Rs.69,67,075/- and Rs.14,29,903/- along with interest deposited by the petitioners towards pre-deposit before the DRAT in Appeal Nos.163/2011 and 136/2004 respectively.

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Both these appeals are disposed of by remanding the matter back to DRT for fresh consideration. Therefore, we are of the opinion, since the amounts are deposited before DRAT, the parties have to approach the DRAT for the reliefs sought in this civil application and to this Court.

3.

With the aforesaid observation, civil application is disposed of.

(M.S.SONAK, J.) CHIEF JUSTICE