Bombay High CourtWP/2833/2016dispossed offdismiss for default

Satish Vilas Narharshettiwar And Another v. The Authorised Officer, Tirupati Urban Co-Op. Bank Ltd., Nagpur And Others

2016-06-20Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi1 pages

1 wp2833.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2833 OF 2016 [Satish Vilas Narharshettiwar and one .vs. The Authorised Officer and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Kunal Nalamwar, counsel for the petitioners, Shri P.D. Meghe, counsel for respondent no.1. ..........

CORAM : SMT. VASANTI A. NAIK AND MRS. SWAPNA JOSHI, JJ.

DATED : JUNE 20, 2016.

By this writ petition, the petitioners challenge the order of the Debts Recovery Tribunal, Mumbai.

It is the case of the petitioners that an appeal was filed against the impugned order before the Debts Recovery Tribunal, but the appellants were not in a position to take up the appeal for considering the grant of interim relief.

Shri Meghe, the learned counsel for the respondent no.1 strongly opposes the prayer made in the writ petition and seeks for the vacation of the interim relief.

We find that the charge of the Debts Recovery Appellate Tribunal, Mumbai is with Debts Recovery Appellate Tribunal, Allahabad. It is not pointed out on behalf of the petitioners as to what efforts the petitioners have taken from 13.5.2016 till date to secure a circulation for hearing of the appeal on interim orders. In the circumstances of the case, since the alternate forum is available the petitioners, we dispose of the writ petition by continuing the interim relief only by a period of 15 days. The petitioners may take appropriate steps in the meanwhile. Order accordingly. No costs.

JUDGE JUDGE Gulande