The State Industrial And Investment Corpn Of Maharashtra Ltd. v. Anilkumar C. Dandekar And ORS.

35-s-793-1992 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 793 OF 1992 The State Industrial & Investment ... Plaintiff Corporation of Mah. Ltd.

vs.

Narula Investment Pvt. Ltd.

... Defendants SUIT NO. 3431 OF 1992 The State Industrial & Investment ... Plaintiff Corporation of Mah. Ltd.

vs.

Anilkumar C. Dandekar & Ors.

... Defendants Mr. Hemant Prabhulkar i/b. Jurisperitus Mumbai for the Plaintiff. None for the Defendants.

CORAM : A.K. MENON, J.

rd SEPTEMBER, 2018 DATE : 3 P. C.

1.

These two suits were seen to have been transferred to the Debt Recovery Tribunal (DRT). However, it appears that the DRT had sent these suits back to this Court by the since the plaintiffs were not notified as a public financial institution at the material time. Today it is pointed out by the learned counsel for the plaintiff that vide notification dated 30 th April, 2004 the plaintiff corporation has been notified as a public financial institution and in the circumstances these suits may be sent back to the DRT for trial.

Rajeshwari Ramesh Pillai Rajeshwari Ramesh Pillai Date: 2018.09.05 11:11:50 +0530

35-s-793-1992 2.

This situation has resulted from the obvious lack of diligence on behalf of the corporation which has obviously not kept track of the legal proceedings it has initiated. It is only because public funds are involved that justifies this order. In the circumstances the Prothonotary & Senior Master is directed to transfer the R & P to the concerned Debt Recovery Tribunal within a period two weeks from today. Upon transfer and considering the fact that the suit is of the year 1992, the DRT is requested to list the matter at its earliest convenience (A.K. MENON, J.)