Pk Anna Patil Janata Sahakari Bank Through The Liquidator Custodian v. Shri Tradco Private Limited Thr The Resolution Professional Rakesh Kumar Relan And Others

2025:BHC-AUG:4618 ( 1 ) ca1835.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO. 1835 OF 2025 IN WP/1247/2025 PK ANNA PATIL JANATA SAHAKARI BANK THROUGH THE LIQUIDATOR CUSTODIAN

VERSUS

SHRI TRADCO PRIVATE LIMITED THR THE RESOLUTION PROFESSIONAL RAKESH KUMAR RELAN AND OTHERS WITH WRIT PETITION NO. 1247 OF 2025 SHRI TRADECO DEESAAN PVT. LTD., THR ITS RESOLUTION PROFESSIONAL RAKESH KUMAR RELAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.V.D. Sapkal,Sr. Advocate i/b. Mr.A.G. Choudhari, Advocate for the applicant.

Mr.K.S. Patil, AGP for the respondent-State.

Ms.Ajinkya Kale h/f. Talekar & Associates, Advocate for the respondents.

CORAM

: KISHORE C. SANT, J.

DATE : 14.02.2025 PC :- 01.

Heard learned Advocates for the parties. This application is for limited purpose to see that no third party interest is created on the strength of order passed by this Court dated 29.01.2025. This Court vide the stay order, stayed execution and operation of the order passed by the Hon'ble Minister. But only apprehension of the present applicant is that taking undue advantage of this order, the petitioner is likely to dispose off the property or is likely to create third party interest. Copy of an E-mail communication is produced on record. From the copy of Email communication, it is seen that the prospective buyers/purchasers

( 2 ) ca1835.25 are visiting the property. Learned Senior Advocate for the applicant thus submits that there is every apprehension that by taking undue advantage of the order passed by this Court, third party interest would be created. 02.

It is trite law that no one shall be put to disadvantage by order of the Court or the Act of the Court shall cause prejudice to anyone. In that view, this Court is inclined to clarify as under :- 03.

Till the returnable date i.e. 12.03.2025, the petitioner shall not create any third party interest. However, this order will not be read as the petitioner is prevented from proceeding with the proceedings, pursuant to the order of the NCLT. However, no transaction shall be completed till that time and no third party interest shall be created. 04.

This Civil Application accordingly stands allowed and disposed off.

[KISHORE C. SANT, J.] snk/2025/feb25/ca1835.25