Amarjitsingh Dalbeersingh Butter v. The Branch Manager

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 990 WRIT PETITION NO.7959 OF 2020 WITH CA/2322/2021 IN WP/7959/2020 AMARJITSINGH DALBEERSINGH BUTTER

VERSUS

THE BRANCH MANAGER MAHINDRA AND MAHINDRA FINANCE SERVICES LTD.

...

Advocate for Petitioner : Mr Bhosle Mahesh K. Advocate for Respondent : Mr. S. R. Deshpande

CORAM

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

DATE : 16th February, 2021.

ORDER:

1.

Learned counsel for the petitioner submits that the petitioner would avail alternate remedy and seeks leave to withdraw the writ petition. 2.

Under order dated 8th December, 2020, the petitioner was directed to deposit Rs. Ten lac within a period of three weeks and restrained the respondent from auctioning hypotheticated vehicle of the petitioner. Pursuant to the said order, the petitioner enjoyed the interim orders. Then on 31st January, 2021 also, we had extended it up to 16th of February, 20221.

3.

Till today, the amount is not deposited. The petitioner is not fair enough to the Court. However, we may not refrain the petitioner from availing alternate remedy.

4.

The present order be brought to the notice of the authority where the petitioner may avail alternate remedy.

5.

Writ petition is dismissed as withdrawn with costs. 6.

In view of disposal of the writ petition, civil application also stands disposed of.

(SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC