M/S Ashok Enterprises Through Its Proprietor Mr. Ajit Ramchandra Yadav v. Ratnakar Bank Ltd. And ANR.

wp-10389.14 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10389 OF 2014 M/s. Ashok Enterprises ... Petitioner

Versus

Ratnakar Bank Ltd. and Anr.

... Respondents Mr. Pramod Gokul Kathane, for the Petitioner. CORAM : A.S. OKA & K.R. SHRIRAM, JJ.

DATE : 19th AUGUST, 2015 P.C.

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Heard the learned counsel appearing for the Petitioner. The Petitioner can always apply before the Debt Recovery Appellate Tribunal for restoration of Miscellaneous Application for condonation of delay as well as Miscellaneous Application for restoration. As the said remedy is available, we decline to entertain this Writ Petition. Writ Petition is disposed of by keeping the said remedy expressly open. 2.

If application for restoration is made by the Petitioner, the same shall be decided in accordance with law. The Appellate Authority is bound to note that present Petition was filed by the Petitioner on 18 th September, 2014 and the same has remained pending in this Court till today.

(K.R. SHRIRAM, J ) (A.S. OKA, J )