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Bombay High CourtWP/731/2015

Sunil Gupta And 2 ORS. v. Indian Overseas Bank And 12 ORS. And Asset Reconstruction Comp.(India) Ltd.(Applicant)

2016-10-24Hon'Ble The Chief Justice,Hon'Ble Shri Justice M.S. Sonak2 pages

skc 34-WP-730-731

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 730 OF 2015 Mr. Sailesh Gupta & Ors.

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Petitioners versus Assel Reconstruction Company (India) Ltd. & Ors.

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Respondents WITH WRIT PETITION NO. 731 OF 2015 Mr. Sunil Gupta & Ors.

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Petitioners versus Indian Overseas Bank & Ors.

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Respondents Mr. Kevic Setalwad - Senior Advocate with Mr. Ashish Mehta and Jharna Shah for Petitioners.

Ms Preeti Pimple i/b. M/s. Consulta Juris for Respondents.

CORAM:

DR. MANJULA CHELLUR, C. J. AND M. S. SONAK, J.

DATE :

24 OCTOBER 2016 P.C.:

1] We have gone through the orders dated 22nd August 2016, 2nd September 2016 and so also 26th September 2016. We have made it clear in the above said three orders that though there is direction to deposit the amount, the petitioners have taken the benefit of concession shown by this court and the same cannot be extended. We also directed the office to verify whether the amount was deposited and amendment is carried out in terms of two orders dated 22nd August 2016 and 2nd September 2016. Till date without complying with the

skc 34-WP-730-731 said directions, the petitioners are prolonging the matters. We have clearly stated that the matters were to be listed on 10th October 2016 for further action and it was made clear on 26th September 2016 that if the amounts are not deposited in terms of the above two orders, the petitions shall stand dismissed for non compliance with directions. With this order already having been passed on 26th September 2016, we are of the opinion that nothing remains for us to consider in the matters.

2] Writ petitions are dismissed.

CHIEF JUSTICE (M. S. SONAK, J.) chandka