Maxx Mobile Communications Ltd And 5 ORS v. Edelweiss Asset Reconstruction Co.Ltd

1/2 wpl-361-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

WRIT PETITION (L) NO.361 OF 2018 ...

Maxx Mobile Communications Ltd. & ors.

...Petitioners

v/s.

Edelweiss Asset Reconstruction Company Limited

...Respondent

...

Mr.Roshan D'souza a/w Mr.A.S.Pal and Ms.Aarti Suvarna for the Petitioners.

Dr.Birendra Saraf a/w Mr.Mayur B and Mr.Anees Patel i/b Manilal Kher Ambalal & Co. for the Respondent.

...

CORAM : A.A. SAYED & A.M.BADAR, JJ.

DATED : 2 FEBRUARY 2018 P.C.:

The matter was mentioned in the morning and kept on the production board in the afternoon in view of the urgency expressed. 2.

Inasmuch as the Petitioner has an alternate efficacious remedy, we are not inclined to entertain the Petition. The Petitioner would be at liberty to take recourse to alternate remedy before the appropriate DRT. 3.

The statement of the learned Counsel for the Respondent is recorded that the Respondent shall defer taking possession of the secured asset for a period of two weeks from today.

Uday.P.Kambli 1/2

2/2 wpl-361-18.doc 4.

The Petition is disposed of in the aforesaid terms. It is made clear that we have not expressed any opinion on merits of the matter. All contentions of the parties are kept open.

All concerned to act on authenticated copy of this order. (A.M.BADAR,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2