Kishor Mehta And 2 ORS v. The Recovery Officer, Debt Recovery Tribunal-I, Mumbai And 3 ORS

Shridhar Sutar 909-wpl-2587.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2587 OF 2017 Mr. Kishor Mehta and others ... Petitioners

Versus

The Recovery Officer, Debt Recovery Tribunal-1, Mumbai & ors.

... Respondents .....

Mr. Yashank Adhyaru, Senior Advocate a/w Ms. Jenlifer Michal i/b Jayesh Gopal Gawde, for Petitioners Mr. Mohamedali M. Chunawala, for Respondent No.2. Dr. Birendra Saraf a/w Mr. Rohit Gupta, Ms. Meenakshi Mhapaukar, Mr, Nikhil Rajani i/b V. Deshpande and Co. for Respondent No.3.

.....

CORAM :

ANOOP V. MOHTA AND SMT. BHARATI H. DANGRE, JJ.

DATE :

19th SEPTEMBER, 2017.

FINAL ORDER :

1.

Heard learned Counsel appearing for the parties. 2.

We are inclined to dispose of present Writ Petition, directing the Debts Recovery Appellate Tribunal to decide the Application for transfer, so filed by the Petitioners, in accordance with law within a period of seven days.

Shridhar Sutar 909-wpl-2587.17.doc 3.

Learned Senior Counsel appearing for the Petitioners, makes a submission that the Petitioner Nos. 1 and 3 will not leave India till the disposal of Transfer Application and one week thereafter. Petitioner No.2-Mr. Rajesh is already out of India since long, being resident of Belgium.

4.

Learned Counsel appearing for Respondent No.3, on instructions, makes a statement that they will not press their Application Exhibit No.108 for one week before the Recovery Officer. The authority to pass order by following the due procedure of law and uninfluence by the observation so made above.

5.

By keeping all contentions open, the Petition is disposed of. No costs.

6.

Parties to act upon an authenticated copy of this order. (BHARATI H. DANGRE, J.) (ANOOP V. MOHTA, J.)