Subir Chakravorty And 2 ORS v. The Chairperson Debt Recovery Appellate Tribunaland 5 ORS

15-NMW-71-2019.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 71 OF 2019 IN WRIT PETITION NO.332 OF 2019 Mr. Subir Chakravorty & Anr.

... Applicants / Petitioners V/s.

The Chairperson, DRAT & Ors.

... Respondents Mr. Aloukik Pai with Tejas A. Luniya i/b. Thodur Law Associates for Applicants / Petitioners.

Mr. S.N. Fadia, for Respondent Nos.3 & 4.

CORAM:

A.A.SAYED & RIYAZ I. CHAGLA, JJ.

DATE:

25TH FEBRUARY, 2019.

PC:- 1.

This Notice of Motion taken out in the above disposed of Writ Petition by the Applicant (Original Petitioner) for extension of time for the DRT to dispose of the Securitisation Application No.5 of 2019 in terms of the directions contained in the order dated 8 January, 2019.

2.

We record the statement of the learned Counsel for the Petitioner that he is not pressing any other reliefs in the Notice of Motion. We also record the statement of the learned Counsel for the Petitioner that the interim application seeking restoration of possession shall be withdrawn by the Petitioner, if the same is not 1/2

15-NMW-71-2019.DOC already disposed of by DRT and that no further interim application/s shall be filed by the Petitioner. 2.

We find that notice is published by the Respondent - Bank in the newspaper/s for sale of the flat in question i.e. Flat No.272, 27th Floor, Building No.2, Wing - 2A, Kalpataru Pinnacle, Opp. Inorbit Mall, Goregaon (W), Mulund Link Road, Mumbai, Maharashtra in teeth of the order dated 8th January, 2019 directing the Respondent - Bank not to put the said flat for public auction pending the Securitisation Application. We record the statement of learned Counsel for the Respondent - Bank on instructions that the said notice published in the newspaper/s shall be withdrawn by issuing a further notice in the same newspaper/s at the earliest.

3.

Time to decide the Securitisation Application No.5 of 2019 by DRT is extended till 31 March, 2019. The parties would be at liberty to mention the matter before 8th March, 2019, when the Securitisation Application is scheduled to come up for hearing before the DRT.

4.

The Notice of Motion is disposed of accordingly. ( RIYAZ I. CHAGLA J. ) (A.A.SAYED, J.) 2/2