Binny Shipping Limited And 3 ORS v. Bank Of India And ANR

903-wpl-3022-16.doc Ladda(PS).

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (Lodging) NO. 3022 of 2016 Binny Shipping Limited and others ..Petitioners.

Vs Bank of India & Anr ..Respondents.

Mr. Mayur Khandeparkar a/with Roshni Naik i/by Khare Legal Chambers for the Petitioners.

Mr. O.A. Das i/by V.J. Chavan for Respondent No.1. CORAM : ANOOP V. MOHTA AND A.S.GADKARI, JJ.

DATE : 18 NOVEMBER, 2016 ORDER :

1.

The learned Counsel appearing for the Petitioners makes statement, on instructions, that they have already filed Appeal (Lodging) No. 388/2016 before the Debt Recovery Appellate Tribunal, Mumbai (DRAT) and the same is listed before the Registrar today for compliance. The Appellants/Petitioners therefore will move the DRAT for an appropriate ad-interim relief including the order on application for predeposit within one week from today. We are requesting the learned Appellate Authority to take the matter at least at ad-interim stage in view of the urgency so expressed as an order has been already passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (the SARFAESI Act) by the Chief Metropolitan Magistrate, Mumbai.

2.

The learned Counsel appearing for Respondent No.1 submits that for one week from today they will not take any coercive steps. In view of this the present writ petition is disposed of. No costs. (A.S. GADKARI, J.) (ANOOP V. MOHTA,J) 1 /1