Smt. Bharati Abhay Goradia v. Union Bank Of India

5-wp1117.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1117 OF 2017 Smt Bharti Abhay Goradia ...

.. Petitioner vs Union Bank of India .. Respondent Mr.Yogeshkumar Yagnik for Petitioner.

Mr.Nainesh N.Amin for Respondent no.1 CORAM: R.M.BORDE AND A.S.GADKARI, JJ DATE: 06 MARCH 2017 P.C.

1.

It is submitted by the counsel appearing for the Respondent-bank that the Petitioner had already approached the Debt Recovery Appellate Tribunal by presenting an Appeal challenging the order passed by the Debt Recovery Tribunal.

2.

In the facts and circumstances of this case, ends of justice would be met in directing extension of the interim order passed in the Writ Petition and further granting liberty to the Petitioner to approach the Debt Recovery Appellate Tribunal for redressal of his grievance. 3.

The ad-interim order passed by this Court on 3 February 2017 shall remain operative for a period of three weeks to facilitate the Petitioner to secure appropriate relief from the Appellate Forum in 1/2

5-wp1117.17 the pending Appeal (Lodging) No.33 of 2017. It is clarified that this Court has not dealt with merits of the Petition and it shall be open for the Debt Recovery Appellate Tribunal to consider the claim of the Petitioner on its own merits and in accordance with law. 4.

Writ Petition is accordingly disposed of.

(A.S.GADKARI, J) (R.M.BORDE, J) 2/2