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Bombay High CourtWP/4130/2017disposed offdismissed for default

Chandrakalabai Badrinath Hake And Others v. Central Bank Of India Through Senior Branch Manager S D Joshi And Another

2017-03-30Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane1 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

907 WRIT PETITION NO. 4130 OF 2017 CHANDRAKALABAI BADRINATH HAKE AND OTHERS

VERSUS

CENTRAL BANK OF INDIA THROUGH SENIOR BRANCH MANAGER SD JOSHI AND ANOTHER ...

Advocate for Petitioners : Mr. S.V. Adwant Advocate for Respondent No.1 :Mr. Kulbhooshan B. Deshpande ...

CORAM : R. M. BORDE & K.L. WADANE, JJ.

Date : March 30, 2017 ...

PER COURT :- Counsel for the petitioner points out that the petitioner has already moved the Debt Recovery Appellate Tribunal (DRAT) at Mumbai by presenting an appeal, challenging the order passed by the DRT and the appeal is pending. However, the appellate forum could not take up the application tendered by the petitioner for grant of interim protection and as such, petitioner is required to move this Court, looking to the urgency of the situation.

In the circumstances, since the petitioner has moved an application, it is desirable to direct the appellate forum to consider the application tendered by the petitioner in an appeal already presented by him for grant of interim relief, as expeditiously as possible and preferably within a period of two weeks and it is accordingly directed. With the direction as above, writ petition is disposed of. ( K.L. WADANE, J. ) ( R. M. BORDE, J. ) vbd