Azad Ben Mohanlal Jain v. Allahabad Bank And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Amk INTERIM APPLICATION NO. 1 OF 2019 IN WRIT PETITION NO. 146 OF 2017 Ramesh Yadav .. Applicant In the matter between Mr. Azad Ben Mohanlal Jain .. Petitioner Vs.

Allahabad Bank & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 2 OF 2019 IN WRIT PETITION NO. 146 OF 2017 Mr. Azad Ben Mohanlal Jain .. Applicant In the matter between Mr. Azad Ben Mohanlal Jain .. Petitioner Vs.

Allahabad Bank & Ors.

.. Respondents Mr. P. Chaudhary i/b Jigar Kamdar for the Applicant in IA No. 2/2019. Mr. V. N. Ajikumar i/b Mr. V. N. Ajikumar for Respondent No.1-Bank. WITH INTERIM APPLICATION NO. 1 OF 2019 IN WRIT PETITION NO. 366 OF 2015 Ramesh Yadav .. Applicant 1/3

In the matter between Allahabad Bank .. Petitioner Vs.

Debts Recovery Appellate Tribunal & Ors.

.. Respondents WITH INTERIM APPLICATION NO. 2 OF 2019 IN WRIT PETITION NO. 366 OF 2015 Mr. Azad Ben Mohanlal Jain .. Applicant In the matter between Allahabad Bank .. Petitioner Vs.

Debts Recovery Appellate Tribunal & Ors.

.. Respondents Mr. P. Chaudhary i/b Jigar Kamdar for the Applicant in IA No. 2/2019. Mr. V. N. Ajikumar i/b Mr. V. N. Ajikumar for Petitioner-Bank. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 4 th FEBRUARY, 2020.

P. C. :

1.

Vide Interim Application No. 1 of 2019 the borrower seeks consequential orders and directions pursuant to the order dated 19.11.2019 disposing of Writ Petition Nos. 366 of 2015 and 146 of 2017.

2.

Vide Interim Application No. 2 of 2019 the auction purchaser seeks recall of the order dated 19.11.2019 informing that his counsel 2/3

could not enter appearance and could not inform the Court that the stated MOU dated 07.01.2015 on the basis whereof the two Writ Petitions were disposed of has been challenged by him. The MOU in question does not bear the signatures of the Applicant and a forged document.

3.

We note that the said stand has been taken by the Applicant in response to the two Writ Petitions and we, thus, dispose of both the Interim Applications withdrawing the order dated 19.11.2019. 4.

Writ Petition Nos.366 of 2015 and 146 of 2017 are restored for adjudication afresh.

5.

Both the Writ Petitions would be listed after six weeks. [SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] Arjun M.

Kadam by Arjun M.

Kadam Date:

2020.02.04 17:20:11 +0530 3/3