Mohammed Hanif Syed And ANR. v. Kotak Mahindra Bank Ltd

WPL.3546.2015.903.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 3546 OF 2015 Mohammed Hanif Syed and Anr.

} Petitioners versus Kotak Mahindra Bank Ltd.

} Respondent Ms. S. V. Sonawane with Mr. Sayed Zia Amir Mohiddin for the Petitioners.

Mr. Sanjay Anabhawane i/b. M/s. M & S.

Legal for the Respondent.

CORAM :- S. C. DHARMADHIKARI & REVATI MOHITE DERE, JJ.

DATED :- DECEMBER 18, 2015 P.C. :- Having heard both sides, we do not find any reason to interfere with the interim order of the Debt Recovery Appellate Tribunal (DRAT).

2) Merely because some condition is imposed and of payment of sum, we do not think that by that alone the Petitioner will be non-suited or the appellate remedy will become meaningless. The Appeal is pending. The Tribunal, by the impugned order, has balanced the rights and equities. The condition imposed is not unreasonable nor the impugned order can be termed as arbitrary or capricious. In these circumstances, J.V.Salunke,PA

WPL.3546.2015.903.doc we decline to interfere in Writ Jurisdiction. The Writ Petition is dismissed.

3) However, at the Petitioners' request, we extend the time for complying with the order passed by the DRAT to 16th January, 2016. No extension will be granted beyond this date and all consequences in law would follow.

(REVATI MOHITE DERE, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA