Atul S/O Ganehsrao Watkar v. Kotak Mahindra Bank Ltd., Nagpur Thr. Its Authorized Officer

2024:BHC-NAG:1707-DB 1 62wp1003.2024..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1003 OF 2024 (Shri Atul s/o. Ganeshrao Watkar...Vs... Kotak Mahindra Bank Limited.) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. S.M. Pande h/f Mr. N.L. Karamchandani counsel for petitioner. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : FEBRUARY 12 , 202 Heard.

2.

The challenge is to the order dated 7.2.2024, passed by learned Presiding Officer, Debt Recovery Tribunal ("DRT"), Nagpur in S.A. No. 193/2022.

3.

The contentions of the learned counsel for petitioner are the prayer for grant of extension of time to deposit the amount is rejected, as a sequel of which, the petitioner is before this Court.

4.

The petitioner claims that he is dragged to approach this Court as the Chairperson of the Appellate Tribunal was not available till 9.2.2024.

5.

As such, he would claim that time of one week be granted to approach before the Appellate Tribunal. Belkhede

2 62wp1003.2024..odt 6.

Fact remains that in earlier round of litigation, the petitioner unsuccessfully contested up to the Appellate Tribunal. Apart from above, the petitioner's claim was considered thereby granting him time to deposit an amount within certain period which the petitioner has failed to do. Apart from above, the learned Presiding Officer DRT is very much available.

7.

Till this date, the petitioner has not challenged the order by lodging appeal before the DRT. For the reasons stated, writ petition stands disposed of.

8.

The conditional order of furnishing undertaking is also not complied with.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. ) Belkhede