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Bombay High CourtWP/1768/2018disposed off

Sunil Mohan Lahori And 2 ORS. v. Corporation Bank And ANR.

2018-06-20Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice V.L. Achliya2 pages

1/2 wpl-2050-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

O.O.C.J.

WRIT PETITION (L) NO.2050 OF 2018 ...

Sunil Mohan Lahori & ors.

...Petitioners

v/s.

Corporation Bank & ors.

...Respondents

...

Mr.A.S.Ramesan with Mr.S.K.Patro for the Petitioners. Adv.Rathina Marvarman for the Respondent No.2. ...

CORAM : A.A. SAYED & V.L.ACHLIYA, JJ.

DATED : 20 JUNE 2018 P.C.:

On 15 September 2017, the Supreme Court had passed the following order:

"1.

Leave granted.

2.

In terms of the order of this Court dated 2nd August 2017 deposit of Rs. 1 crore has been made by the appellants in the Registry of this Court.

3.

In view of the aforesaid fact we direct the DRAT to now decide the appeal filed by the appellants before it on merits. 4.

Consequently and in the light of the above, we set aside the order of the High Court. The amount deposited in the Registry of this Court shall be transferred to the DRAT. 5.

The appeal is disposed of in the above terms." 2.

The Appeal before the DRAT is pending and has not been decided. In the circumstances, we direct the DRAT to decide the Appeal Uday.P.Kambli 1/2

2/2 wpl-2050-18.doc expeditiously and preferably within four months from the date the regular sitting of the DRAT commences.

3.

We record the statement of the learned Counsel for the Respondent-Bank that until disposal of the Appeal the auction sale shall not be proceeded with and the possession of the secured assets shall not be taken.

4.

The Petition is disposed of.

(V.L.ACHLIYA,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2