State Trading Corporation Of India Ltd v. Sicom Ltd And ANR

Rane * 1/2 * WRIT PETITION-2528-2015 (SR.2) Monday, 27.11.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2528 OF 2015 ALONGWITH CHAMBER SUMMONS NO. 159 OF 2017 IN WRIT PETITION NO. 2528 OF 2015 State Trading Corporation of India Ltd.

....Petitioner V/s.

SICOM Ltd. And anr.

....Respondents * * * * * Mr. Pulkit a/w. Ms. S.I. Shah I/by. M/s. S.I. Shah & Co., Advocate for the petitioner.

Mr. Raj Patel I/by. M/s. Prakash Panjabi & Co., Advocate for respondent no.1.

CORAM :- CORAM :- B.R.GAVAI & B.R.GAVAI & SANDEEP K. SHINDE, JJ.

SANDEEP K. SHINDE, JJ.

DATE :- DATE :- 27TH NOVEMBER, 2017.

27TH NOVEMBER, 2017.

P.C. :- P.C. :- 1.

The petition challenging the order which is also impugned in the present petition being Writ Petition No. 5528 of 2015 has been dismissed by the Co-ordinate Bench of this Court dated 7th March, 2016.

Rane * 2/2 * WRIT PETITION-2528-2015 (SR.2) Monday, 27.11.2017 2.

The Learned Counsel for the petitioner states that, the perusal of the impugned order would reveal that the view taken by the Debt Recovery Appellate Tribunal is not sustainable.

3.

The judicial propriety demands that, when the Co-ordinate Bench of this Court has found no fault in the order which is impugned before us, we should even refrain ourselves from entertaining challenge to the said order.

4.

If the petitioner is aggrieved by the order passed by this Court dated 7th March, 2016, it is not as if the petitioners are without any remedy. They can very well assail the said order before the Supreme Court. In that view of the matter, no error is found in the order. The petition is dismissed.

5.

In view of dismissal of the petition, Chamber Summons No. 159 of 2017 does not survive. The same is disposed off as having become infructuous.

(SANDEEP K. SHINDE, J) (SANDEEP K. SHINDE, J) (B.R. GAVAI, J) (B.R. GAVAI, J)