Bombay High CourtCA/11093/2017disposed offdismissed for default

M/S Ashwin Tractors Through Its Proprietor Ashwin Shantaram Patil And Another v. The State Of Maharashtra And Others

2017-11-24Hon'Ble Shri Justice R. M. Borde,Hon'Ble Smt. Justice Vibha Kankanwadi3 pages

(Order) (1) W.P. No. 09339 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 09339 of 2017 With Civil Application No. 11093 of 2017 (In Writ Petition No. 09339 of 2017) District : Jalgaon

1. M/s. Ashwin Tractors, Through its Proprietor, Ashwin Shantaram Patil, Age : 32 years, Occupation : Business, R/o. At & Post Kajgaon, Taluka Bhadgaon, District Jalgaon.

2. Shantaram Dhanraj Patil, Age : 57 years, Occupation : Business, R/o. At & Post Kajgaon, Taluka Bhadgaon, .. Petitioners / District Jalgaon.

Applicants versus

1. The State of Maharashtra, Through its Secretary, Revenue Department, Mantralaya, Mumbai - 32.

2. The District Collector / The District Magistrate, Jalgaon, at Jalgaon.

3. The Tahsildar / The Executive Magistrate, Bhadgaon, Dist. Jalgaon.

4. The Authorized Officer, Dena Bank, Zonal Office, 2nd & 3rd Floor,

(Order) (2) W.P. No. 09339 of 2017 Sanchar Point Building, BSNL Datta Mandir Road, .. Respondents / Nashik Road, Nashik.

Non-applicants.

...........

Mr. D.B. Thoke, Advocate, for the applicant.

Mr. S.P. Sonpawale, Asst. Government Pleader, for non-applicant nos.01 to 03.

Mr. Y.B. Bolkar, Advocate, holding for Mr. A.A. Mishra, Advocate, for non-applicant no.03. ...........

CORAM : R.M. BORDE & SMT. VIBHA KANKANWADI, JJ.

DATE : 24TH NOVEMBER 2017 ORAL ORDER :

01.

This court by order dated 21.07.2017 directed the petitioner to deposit a sum of Rs. 35,00,000/- [Rupees thirty five lacs] with respondent no.04 - Bank, without prejudice to his rights and contentions. The petitioner was also granted liberty to file appropriate proceedings before the Debts Recovery Tribunal in the meanwhile. The petitioner has deposited the amount in pursuance to the directions issued by this court.

02.

It would be open for the petitioner to approach alternate forum and seek appropriate interim orders. The interim order passed by this court shall continue to operate for a period of four weeks from today.

(Order) (3) W.P. No. 09339 of 2017 03.

In view of the above, the writ petition and the civil application stand disposed of.

( Smt. Vibha Kankanwadi ) ( R.M. Borde ) JUDGE JUDGE ...........

puranik / CA11093.17