Bombay High CourtWP/2921/2015dispossed offdismiss for default

Shri Kishor S/O Narayandas Rathi And 2 Others v. Authorised Officer, Sicom Ltd., Mumbai And 3 Others

2015-06-24Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.2921 OF 2015 (Shri Kishor s/o Narayandas Rathi and others ..vs.. Authorised Officer, SICOM Ltd., Mumbai and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 24-06-2015 Heard Shri M. Anilkumar, the learned Advocate for the petitioners, Shri Abhijit Khare, the learned Advocate for the respondent No.1 and Shri Atul Pande, the learned Advocate for the respondent No.4. The learned Advocates submit that the respondent Nos.2 and 3 are the subsequent purchasers of other properties and they are not concerned with the property in respect of which the challenge is made in the present petition.

Considering the fact that the Presiding Officer of Debt Recovery Appellate Tribunal, Mumbai (in short "DRAT") is not available and the charge is with DRAT, Chennai, and as the interim order has been operating, it would be expedient to dispose of the petition with following directions :

The interim order granted on 15-05-2015 shall

2 wp2921.15 continue till 24-07-2015.

In the meantime, the petitioners are at liberty to approach the DRAT, Chennai.

The DRAT, Chennai would be at liberty to pass appropriate orders regarding the deposit, if required to be made by the petitioners.

The petitioners shall inform the respondent Nos.1 to 4, the date on which the petitioners intend to move DRAT, Chennai.

With the above directions, petition is disposed. In the circumstances, the parties to bear their own costs. JUDGE pma