← Library
Bombay High CourtWP/10272/2018disposed off

Uco Bank , Pune Thru Managger And Auth. Representative v. Bank Of India , Mumbai Thru Auth. Officer And Constituted Attorney And ORS

2018-11-24Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice A. K. Menon2 pages

36.wp-10272.18(civil) sbw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.10272 OF 2018 UCO Bank ... Petitioner vs.

Bank of India & Ors.

...Respondents

Mr. C J. Doveson a/w Ms. Poonam Utekar for the petitioner. Mr. Rakesh Singh i/b. M.V. Kini &Co. for respondent no.1. CORAM : A.A.SAYED & A. K. MENON,JJ.

DATE : 24TH NOVEMBER,2018.

P.C.:

1.

The prayers sought in the Writ Petition read as follows: (a) This Court be pleased to issue writ of mandamus, or a writ in the nature of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing the DRAT to expeditedly hear the above said appeal preferred by the petitioner herein or;

(b) Considering the facts and circumstances of the above matter and to avoid multiplicity of proceedings, to quash and set aside the order passed by the Presiding Officer and to remand back the matter for framing of appropriate issues, finds facts on the same and to pass an appropriate decree after appreciating all evidences led or;

(c) Staying the proceedings pending before the recovery officer, DRT, Pune till the disposal of the appeal pending before the DRAT; and

36.wp-10272.18(civil) (d) Staying the proceedings pending before the recovery officer, DRT,Pune till the disposal of present petition." 2.

It is an admitted position that the Misc. Application for stay is pending before the DRAT.

3.

We grant liberty to the Petitioner to move the DRAT to hear the Misc. Application expeditiously.

4.

With the aforesaid directions, the Writ Petition is disposed of. (A.K.MENON,J.) (A.A.SAYED,J.)