Arvind S/O Motiram Salve And Another v. The District Magistrate, Chandrapur And Others

15.9WP.3143.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3143 OF 2017.

(Arvind Motiram Salve & another .vs. The District Magistrate, Chandrapur & others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders.

Mr. S.D. Chopde, Advocate for petitioners, Ms. A.R. Kulkarni, A.G.P. for respondent nos. 1 & 2. Mr. P.J. Mehta, Advocate for respondent no.3. CORAM : B.P. DHARMADHIKARI & ARUN D. UPADHYE, JJ. DATED : SEPTEMBER 15, 2017.

1] Heard the respective Counsel for the parties. Perused the order dated 25.5.2017.

2] Mr. P.J. Mehta, learned Advocate for respondent no.3, invites attention to C.A.W. No. 1537/17 for vacation of interim orders. He submits that amount of Rs.4,50,000/- directed to be deposited within four weeks by this Court on 25.5.2017 has not been deposited so far. He also points out that no reply has been filed to this Civil Application since first week of July, 2017. 3] Mr. S.D. Chopde, learned Advocate for petitioners, is seeking time. He submits that petitioners have not contacted him after orders of the learned Single Judge in vacation. However, he accepts that amount has not been deposited.

15.9WP.3143.17 4] In this situation, as we find that orders of respondent no.1 passed under Section 14 of SARFAESI Act in favour of respondent no.3 - a secured creditor have been questioned in present petition and amount has not been deposited, we dismiss the Writ Petition for want of prosecution. Civil Application No. 1537//17 is also disposed of.

Judge Judge J.