Uttam Dagdu Dalvi And Another v. The Collector, Ahmednagar And Others
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.3896 of 2013 1.
Shri Uttam Dagdu Dalvi, Age 63 years, Occ: Business, Proprietor of Varsha Auto Parts, R/o Dalvi Building, Shrirampur, Dist. Ahmednagar.
2.
Mrs.Mira Uttam Dalvi, Age: 58 years, Occ. household, r/o. Dalvi Building, Shrirampur, Dist. Ahmednagar.
...PETITIONERS
VERSUS
1.
The Collector, Ahmednagar.
2.
The Sub Divisional Officer, Shrirampur Division, Shrirampur, Dist. Ahmednagar.
3.
The Nashik Merchants Cooperative Bank Ltd., Nasik, A Multistate Scheduled Bank, Having its Administrative Office at A-16, Padmashri Babubhai Rathi Chowk, Subhashchandra Bose Marg Industrial Estate, Satpur, Nasik having its branch at Shrirampur, Dist. Ahmednagar, through its Branch Manager.
4.
The Authorised Officer, The Nasik Merchants Cooperative Bank Ltd. Nasik, A-16, Padmashri Babubhai Rathi Chowk, Subhashchandra Bose Marg Industrial Estate, Satpur, Nasik.
...RESPONDENTS
Mr. S.V.Adwant, Advocate for the petitioners. Mrs. V.A.Shinde, AGP for respondent State.
Mr. P.B.Vikhe Patil, Advocate for respondent nos. 3 and 4.
...
CORAM: R.M.BORDE AND P.R.BORA, JJ.
DATE : January 12th, 2015.
*** ORAL JUDGMENT: (Per R.M.Borde, J.) 1.
Heard.
Rule. Rule made returnable and heard forthwith with the consent of learned Counsel for the parties. 2.
The petitioners approached the Debt Recovery Appellate Tribunal, Mumbai, with an application bearing M.A.No.380/2013 in Appeal No.116/2013, seeking condonation of delay. The application was allowed by order dated 15.4.2013, subject to deposit of amount of Rs.4,00,000/- ( Rs. four lacs) within a period of four weeks from the date of order i.e. 16.5.2013 with the Registrar of the Appellate Tribunal and, on condition of deposit of amount, interim order was directed to be continued. Since the petitioner made default in complying with the
directions issued by the Tribunal, the application tendered by the petitioner stood rejected automatically and interim order also stood vacated.
3.
This Court, by an order dated 23rd July, 2013, permitted the petitioner to deposit an amount of Rs.4,00,000/- in this Court within a period of four weeks from the date of order and in compliance of the order, petitioner has made deposit of the amount as directed. 4.
In this view of the matter, there shall be no impediment in directing the appellate Tribunal to deal with the proceedings pending before it in accordance with the provisions of law. Respondent no.3 also does not have any serious objection for issuing directions to the Tribunal to take decision in the matter on its own merits. 5.
The amount deposited by the petitioner in this Court shall be permitted to be withdrawn by respondent no.3. Since the directions issued by the Tribunal have been complied with, the Tribunal is directed to decide the pending proceedings before it expeditiously and in
accordance with the provisions of law.
Rule is made absolute accordingly. No order as to costs.
(P.R.BORA) (R.M.BORDE) JUDGE JUDGE ...
AGP/3896-13wp