Biotor Industries Ltd. And 2 Others v. Bank Of Maharashtra And 3 Others

WPL. 104-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 104 OF 2015 Biotor Industries Limited & Ors.

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Petitioners Vs.

Bank of Maharashtra & Ors.

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Respondents *** Mr. Harshad Bhadbhade i/b Jaykar & Partners, for the Petitioners. Ms. Reeni Nag, Assist. Manager of Bank of Maharashtra is present. *** CORAM : V. M. KANADE, & REVATI MOHITE DERE, JJ.

DATE : JANUARY 28, 2015 PC.

1.

Heard the learned counsel appearing on behalf of the Petitioners. Petitioners are aggrieved by the order passed by the DRAT dated 17.12.2014 directing the Petitioner to deposit Rs. 40 Crores within a period of six weeks in two equal instalments. 2.

We have perused the impugned order. The DRAT has observed that Petitioners have played fraud on the Bank and in fact the names of 237 farmers are fake and 9 villages also are in fake-stake. An application made by the Petitioners before the DRAT for impleading 237 farmers was not accepted by a cogent reasoned order 1 / 2

WPL. 104-15 while giving directions to the Petitioners to deposit Rs. 40 Crores. The total amount which is due and which is claimed by the Bank comes to Rs. 60,82,64,180/- alongwith interest. The DRAT, therefore, in our view has not committed illegality or infirmity in passing the impugned order. We are not inclined to interfere with the impugned order while exercising our jurisdiction under Article 226 of the Constitution of India. Writ petition is therefore dismissed. [REVATI MOHITE DERE, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2