Dcb Bank Ltd. And ORS v. The Learned Registrar Debt. Recovery Tribunal And ORS

8-WP.202.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 202 OF 2022 DCB Bank Limited and Anr.

} Petitioners

Versus

The Learned Registrar, Debts} Recovery Tribunal-II, } Mumbai and Ors.

} Respondents Mr. Nikhil Rajani i/b. V. Deshpande and Co.

for the petitioners.

Ms. Reena Salunkhe, AGP for State.

CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE :

JANUARY 13, 2022 P.C.:

1.

The petitioners are respondents in Transfer Securitisation Application No. 174 of 2016, pending before Debts Recovery Tribunal-II, Mumbai (hereafter "the Tribunal", for short). By instituting this writ petition, the petitioners seek a direction on the Presiding Officer of the Tribunal to advance the date of hearing of the securitisation application from March 11, 2022 and to place the same on its regular board on any working day within a period of two weeks or within such time as this Court may direct.

2.

We have heard Mr. Rajani, learned advocate for the petitioner.

J.V.Salunke,PS

8-WP.202.2022 3.

Judicial notice is taken of the large number of applications that are pending before the Debts Recovery Tribunals across the State, coupled with the situation arising out of the raging third wave of the pandemic. In these difficult circumstances, we consider it inappropriate to make any direction as prayed for by the petitioner. Since the matter is placed before the Tribunal on March 11, 2022, we express hope and trust that the Tribunal shall proceed to deal with the lis and make an earnest endeavor to dispose of the securitization application in accordance with law as early as possible, subject to its convenience.

4.

The writ petition is disposed of, without costs. (M. S. KARNIK, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2022.01.14 11:48:48 +0530 PRAVIN DASHARATH PANDIT J.V.Salunke,PS