Jhakaria Enterprises v. Bank Of Maharashtra And 3 ORS

WPL.494-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION LODG. NO.494 OF 2017 Jhakaria Enterprises ..Petitioner Vs.

Bank of Maharashtra & Ors.

.

..Respondents ------- Mr. A.R. Pai a/w Devendra Avhad i/b Thodur Law Associates for petitioner.

Mr. Sanjay Anbhawane for Respondent No.1.

----- CORAM: R.M. BORDE AND A.S. GADKARI, JJ.

DATE: 20 FEBRUARY 2017.

P.C.:

1] The only grievance that has been made in the instant petition is that, the learned Member of the Debt Recovery Tribunal by observing that there is no urgency in the matter, postponed the hearing of the Review Application to 3rd March 2017. By virtue of interim relief order passed earlier respondents were directed not to confirm the sale, however, in view of disposal of the interim relief application finally, the sale would be confirmed thereby causing prejudice to the petitioner.

WPL.494-2017 2] We do not deem it appropriate to comment upon merits of application seeking review presented by petitioner and it would be open for the Debt Recovery Tribunal to consider the same on its own merits and pass order. The Debt Recovery Tribunal may hear the matter on 3rd March 2017 and shall pass appropriate orders thereon and in any case before 10th March 2017.

3] Parties are directed to maintain status-quo as of today till 10th March 2017.

4] In view of the above, the writ petition is disposed of. (A.S. GADKARI,J.) (R.M. BORDE, J.)