Kailas Pralhadrao Pawar v. The State Of Maharashtra And Others

{1} 57 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4411 OF 2020 IN WP/4857/2020 WITH WP/4857/2020 KAILAS PRALHADRAO PAWAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Vijay B. Patil AGP for Respondents No.1 to 3 State : Mr. V. S. C Advocate for Respondent No.4 : Mr. N. T. Tribhuwan ...

CORAM : S.V. GANGAPURWALA & SHRIKANT D. KULKARNI,JJ.

DATE : 14TH SEPTEMBER, 2020.

PER COURT:

1] Mr. Patil, learned counsel for the petitioner submits that on 27th July, 2020, his colleague had appeared in the matter and due to inadvertence had made a statement that an amount of Rs. 10 Lakhs is deposited. On that day, DD of Rs. 10 Lakhs was ready and time was sought to deposit the remaining amount of Rs. 5 Lakhs. 2] The petitioner is now ready with Demand Drafts of Rs. 10 Lakhs and Rs. 5 Lakhs.

3] Mr. Tribuwan, learned counsel submits that the petitioner has an alternate remedy before the Debt Recovery Tribunal. The Presiding Ofcer of DRT is available.

{2} 57 sr. no..odt 4] Considering the above, we pass the following order :- [a] The petitioner shall deposit the amount of demand drafts with this court within a period of one week from today. If the said amount is deposited, the respondent No.4 would be at liberty to withdraw the same.

[b] According to respondent No.4, the petitioner has an alternate remedy before the DRT. In view of that, we dispose of the writ petition with liberty to the petitioner to avail the alternate remedy. In that event, all contentions are kept open. The interim orders passed by this court are continued for a period of three weeks from today.

[c] Writ petition is disposed of. Civil application also stands disposed of.

[SHRIKANT D. KULKARNI, J] [S.V. GANGAPURWALA,J] grt/-