Gagangiri Enterprises v. State Of Maharashtra And Indian Overseas Bank

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (LODGING) NO.2039 OF 2016 Gagangiri Enterprise, Kalachowki, Mumbai .... Petitioner V/s.

State of Maharashtra & Anr.

.... Respondents Mr. Rohit Gupta, a/w. Mr. Omar Khaiyam Shaikh, for the Petitioner. Ms. Salma Ghaswala for Respondent No.2.

CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 29 TH JULY, 2016.

P.C. :

1.

Mentioned. Not on Board.

2.

Having heard Mr. Gupta appearing for the Petitioner and perusing the order of the Debt Recovery Tribunal, we do not find any reason to interfere with the reasonable and fair condition imposed on the Petitioner. 3.

As against a sum of Rs.3 Crores approximately, which is outstanding, the Petitioner was directed to deposit Rs.30 lakhs initially and further Rs.35 lakhs. Enough time was granted by the order passed on 4th July 2016. It is not a fit case for interference in writ jurisdiction. The discretion exercised is not arbitrary or capricious. 4.

The Writ Petition is devoid of merits and hence the same is dismissed.

[DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 1/1 WPL-2039-16.doc