M/S Shushma Products, M.I.D.C. Nagpur And Another v. Bank Of India Through Its Branch Manager, Nagpur And 2 Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 2545/2015.

M/s. Shushma Products MIDC Nagpur and another. -VERSUSBank of India and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P.DHARMADHIKARI AND S.B. SHUKRE, JJ.

DATE : MAY 07, 2015.

Heard Shri R.H. Agrawal, learned counsel for the petitioner, Ms. V. Umale, learned counsel holding for Shri Khare, learned counsel for respondent no.1 and Shri Patrikar, learned Counsel for respondent no.2. None appears for respondent no.3. 2.

Shri Patrikar, learned counsel fairly does not dispute the correctness of the assertions in paragraph no.9 of the writ petition.

3.

Ms. Umale, learned counsel for respondent no.1 is seeking time as she is still awaiting instructions. 4.

Respondent no.2 is auction purchaser who is interested in expeditious disposal of the matter. 5.

In this situation, we find that interest of justice can be met with by continuing the interim orders already granted by this Court on 29.04.2015, for a period of four weeks more. In the meanwhile, petitioner as also respondent nos. 1 and 2 shall get the matter listed before the Incharge DRAT at Chennai, and attempt to obtain suitable orders on the request for restoration moved by the petitioner.

6.

If the mattes from DRAT, Mumbai are to be carried on any particular date to such Incharge Tribunal at Chennai, parties shall see that the restoration proceedings filed by the petitioner are carried on that date to Chennai Tribunal. If there is no such date, the parties shall appear before the DRAT Chennai on 18.05.2015. The office of DRAT at Mumbai shall accordingly transmit the records to Chennai Tribunal for its due consideration on said date.

7.

With this directions and keeping all rival contentions open, we dispose of the present Writ Petition. No costs.

8.

Copy of this order be furnished to learned counsel for parties to act upon.

JUDGE JUDGE Rgd.