Kusum M. Agarwal v. Canara Bank Limited And ORS

11. WP 9460-21 @ WP 9731-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9460 OF 2021 Naresh Kumar Gupta Huf ...

Petitioner

Versus

Canara Bank & Ors.

...

Respondents WITH WRIT PETITION NO. 9731 OF 2021 Kusum M. Agarwal ...

Petitioner

Versus

Canara Bank Limited And Ors.

...

Respondents Mr. Simil Purohit with Mr. Mayank Bagla i/b Bagla & Associate for the Petitioners.

Ms. Vaishali R. Bhilare for Respondent no.1-Canara Bank. Mr. Rishab Shah with Mr. Nishant Rana, Ms. Chinmayee Ghag i/b Zastriya for Respondent No.2.

Mr. Jahangir Jejeebhoy for Offcial Liquidator of Respondent No.3. CORAM :

A. A. SAYED & ABHAY AHUJA, JJ DATED :

2ND MARCH, 2022.

P.C.:

1.

It is not in dispute that the Appeal of the Petitioners against the order passed in the recovery proceedings is pending before DRT. The grievance of the Petitioners is essentially that the Interim Applications No.793/2021 and 701/2021 fled by them are not being taken up even for consideration of ad-interim relief by the DRT. Nikita Gadgil 1/2

11. WP 9460-21 @ WP 9731-21.doc 2.

Learned Counsel for the Petitioners submits that there is urgency in the matter and the Petitioners require certain protective orders.

3.

Inasmuch as the Petitioners' Interim Applications are pending before the DRT, we grant liberty to the Petitioners to mention the matter before the DRT. The DRT is requested to take up the Interim Application on priority basis and atleast pass ad-interim order on the Interim Applications. It will be open for the DRT to dispose the Interim Applications.

4.

The Writ Petitions to stand disposed of in the aforesaid terms. All contentions of the parties are kept open. (ABHAY AHUJA, J.) (A. A. SAYED, J.) NIKITA YOGESH GADGIL NIKITA YOGESH GADGIL Date: 2022.03.07 10:24:07 +0530 Nikita Gadgil 2/2