Vikas S/O. Keshaorao Shingade v. The Amravati Merchants Cooperative Bank Ltd., Amravati And Others

wp1705.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.1705 OF 2016 Vikas s/o Keshaorao Shingade -vsThe Amravati Merchants Co-operative Bank Ltd. and ors ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr.V.S. Giramkar, counsel for the petitioner. CORAM : SMT. VASANTI A. NAIK & V. M. DESHPANDE, JJ.

DATE : MARCH 22, 2016.

By this writ petition, the petitioner challenges the order dated 5.2.2016 passed by the Debts Recovery Tribunal, Nagpur.

It is the case of the petitioner that the petitioner is not in a position to avail the alternate remedy of filing the appeal against the impugned order before the Debts Recovery Appellate Tribunal as the office of the presiding officer of the Debts Recovery Appellate Tribunal is vacant.

A statement was made before this Court in a matter arising out of the order of the Debts Recovery Tribunal recently that though there is no presiding officer on the Debts Recovery Appellate Tribunal at Mumbai, the presiding officer on the Debts Recovery Appellate Tribunal at Delhi is requested by the High Court to attend the cases before the Debts Recovery Appellate Tribunal at Munbai. It was stated by the learned counsel for the union, in the other matter, that the presiding officer of the Debts Recovery Appellate Tribunal at Delhi is visiting Mumbai every alternate

wp1705.16 2/2 week to take up the urgent matters pending before the Debts Recovery Appellate Tribunal at Mumbai.

In view of the aforesaid, the learned counsel for the petitioner seeks permission to withdraw the writ petition so that the appeal could be filed before the Debts Recovery Appellate Tribunal at Mumbai.

Permission to withdraw the writ petition is granted. The writ petition stands disposed of as withdrawn. The points raised in the petition are kept open. JUDGE JUDGE !! BRW !!