Ruby Tour Services Pvt. Ltd. (Borrower) And ANR. v. Fullerton India Credit Co. Ltd. Through Mr. Rajesh Navalkar

DDR

903. caw 1581-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1581 OF 2018 IN WRIT PETITION (ST) NO.17609 OF 2018 Ruby Tour Services Pvt. Ltd. (Borrower) & anr. ...Applicants

IN THE MATTER BETWEEN

Fullerton India Credit Company Ltd.

...Petitioner

vs.

The State of Maharashtra & ors.

...Respondents

------- Ms. Fatima Barodawala i/b. Raval Shah & Co. for Applicants in CAW. Mr. Rajesh Nagory i/b. R.L. Motwani for Petitioner in WP. ------- CORAM : A.A. SAYED & M.S. KARNIK, JJ.

DATE :

JULY 27, 2018 P.C.:

Learned Counsel for the Applicants in the Civil Application states that the Applicants shall pay to the Respondent No.1 a sum of Rs.40 lakhs within a period of four days from today to show their bonafides.

2.

We accept the statement and dispose of the Civil Application with liberty to the Applicants to approach the DRT. We make it clear that we have not gone into the merits of the matter. All contentions are kept open.

3.

We make it clear that the DRT shall be free to pass orders as it deems fit.

4.

The Respondents shall defer taking possession of the 1/2

DDR

903. caw 1581-18.doc secured assets for a period of two weeks from today. 5.

The Civil Application is disposed of in the above terms. 6.

List the Petition on 10th August, 2018.

(M.S. KARNIK, J.) (A.A. SAYED, J.) 2/2