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Bombay High CourtWP/8932/2016disposed offdismissed for default

M/S Ashok Irrigation Equipments India Pvt Ltd Through Its Managing Director And Another v. Jalgaon Janta Sahakari Bank Ltd Jalgaon And Others

2016-08-19Hon'Ble Shri Justice T.V. Nalawade2 pages

1 WP 8932 of 2016

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 WRIT PETITION NO. 8932 OF 2016 M/S ASHOK IRRIGATION EQUIPMENTS INDIA PVT LTD THROUGHITS MANAGING DIRECTOR AND A

VERSUS

JALGAON JANTA SAHAKARI BANK LTD JALGAON AND OTHERS -------- Shri. V.D. Salunke, Advocate, for petitioners. ---------- CORAM: T.V. NALAWADE, J.

DATE : 19th AUGUST 2016 ORDER:

1) The petition is filed only for relief of extension of time fixed by the State Cooperative Appellate Court, Mumbai, Bench at Aurangabad. It appears that suit is filed by respondent No.1 Bank for recovery of money against present petitioner. No WS order was made against the present petitioners in that proceeding. This order was challenged in Revision No.6/2010 before the appellate Court. The appellate Court has granted permission to file written statement subject to condition that each of the defendants, present petitioners, deposits Rs. One lakh before the trial Court prior to 21st August 2016.

2 WP 8932 of 2016 2) Learned counsel for the petitioners submitted that the counsel of the petitioners suffered heart surgery and so the petitioners were required to change the counsel and they could not make arrangement to make deposit of the amount and they want time only of 8 days. In view of these circumstances and as the relief is granted it is a question only of extending the time, this Court holds that the petition needs to be allowed only for that purpose. The petition is allowed. Time is extended by 8 days which will start from 21st August 2016. Authenticated copy is allowed.

Sd/- (T.V. NALAWADE, J. ) rsl