Jalgaon Janta Sahakari Bank Ltd. Thr Its Authorized Officer v. The State Of Maharashtra And Others

4231.22wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 16 WRIT PETITION NO.4231 OF 2022 JALGAON JANTA SAHAKARI BANK LTD. THR ITS AUTHORIZED OFFICER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr Ankush N. Nagargoje, Advocate for petitioner; Mr S. G. Karlekar, A.G.P. for respondents/State Mr S. S. Dande, Advocate for respondent No.3 CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 3rd October, 2022 PER COURT:

1.

The petitioner/Bank claims to be a secured creditor. It has put forth three prayers in the petition. The learned Advocate for the petitioner submits on instructions that, the petitioner would pursue only prayer clause 'B', which reads as under :- "B) For a writ of mandamus, Order or direction in the nature of mandamus, directing the respondent No.3 to decide the petitioner's Application dated 28.04.2016 and to take appropriate action on the said Application within such stipulated period as this Hon'ble Court may deem, fit and proper."

4231.22wp (2) 2.

The learned Advocate for the petitioner submits that, if the petitioner's application dated 28/04/2016 is considered and decided by respondent No.3 and a decision thereon is communicated to the petitioner, the petitioner would consider as to whether it's grievance is redressed or not and if an adverse order is passed, the petitioner would prefer to assail the said order by resorting to a remedy, as is permissible in law. 3.

Shri. Dande, the learned Advocate for respondent No.3 submits that, a decision would be arrived at on the said application, on or before 15/11/2022, in the event the said application is not yet decided.

4.

In view of the above statement, this petition is disposed off. (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk