Reliance Metals And Alloys And 2 ORS v. Corporation Bank And ANR

937.wpl.1455.2015 .doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1455 OF 2015 Reliance Metals & Alloys & Ors.

...Petitioners

vs Corporation Bank & Anr.

...Respondents.

.....

Mr Prathamesh Kamat i/b T.N.Tripathi & Co. for the Petitioners. Mr K.B.Adyanthaya for U.S.Shetty for Respondent No.1. .....

CORAM : S.C. GUPTE & A.K.MENON, JJ (VACATION COURT) MAY 13, 2015 P.C. :

Urgent relief has been sought by the Petitioners in the present Petition on the ground that the Petitioners have challenged the impugned order of DRT-II before DRAT, but due to unavailability of the Presiding Officer of DRAT, the appeal cannot be brought for hearing and interim relief also cannot be sought by the Petitioners. In the meantime, by communications dated 30 April 2015, the Deputy Registrar of DRT Mumbai has fixed today's date and 15 May 2015 for execution of the possession warrant for possession of the secured assets. This Court has been given to understand in another Petition heard by this Court today that DRAT is likely to sit from 15 May 2015. In that case, the Petitioners will be at liberty to apply to DRAT for interim reliefs.

In the meantime, learned Counsel for first Respondent bank states that the warrant of possession shall not be executed for a period of two weeks from today. The statement is accepted. In case, DRAT cannot hear the matter within a period of two weeks, the Petitioners will be at liberty to move a fresh Petition before this Court for appropriate reliefs. The Petition is disposed of in the above terms. There shall be no order as to costs. ( A.K.MENON J) ( S.C.GUPTE J.