Pravin Jain And ANR. v. Board Of Directors, Central Bank Of India And ORS.

911.WP.1668.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1668 OF 2018 Pravin Jain & Anr.

... Petitioners V/s.

Board of Directors, Central Bank of India & Ors. ... Respondents Ms. Heena Shaikh i/b Ms. Rohini M. Amin for the Petitioners. Mr. O.A. Das for Respondent Nos.1 to 4.

CORAM :

A.A. SAYED AND RAVINDRA V. GHUGE, JJ.

DATE :

6th APRIL, 2018.

P.C. :

The Petitioner had earlier filed Writ Petition No.9543 of 2017 which was disposed of by an order dated 13.09.2017 in the following terms :- "1 Learned Counsel appearing for Respondent-Bank makes a statement that concerned authority i.e. Debts Recovery Tribunal is available.

In view of above, the Petition is disposed of with liberty to approach Debts Recovery Tribunal within a period of one week. Interim order, if any, to continue till one week. All contentions are kept open. No costs." Waghmare 1/2

911.WP.1668.18.doc The Petitioners has now essentially impugned the order dated 21.10.2017 of DRT. The Petitioner has an alternate remedy of filing an Appeal before DRAT and would require to make a pre-deposit. In the circumstances, since the Petitioner has an alternate remedy before DRAT, we are not inclined to entertain the Petition. The Petition is dismissed.

(RAVINDRA V. GHUGE, J.) (A.A. SAYED, J.) Waghmare 2/2