Atul S/O Ganeshrao Watkar v. State Of Maharashtra Thr. Ministry Of Finance, New Mumbai And Another

1 940-WP-5158-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 5158 OF 2022 (Shri Atul s/o Ganeshrao Watkar Vs. State of Maharashtra & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.S. Sanyal, Advocate for the petitioner. Ms. S.S. Jachak, Assistant Government Pleader for respondent No.1/ State. Shri M. Anil Kumar, Advocate for respondent No.2. CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE , JJ.

D ATE : AUGUST 26 , 202 2 .

The challenge raised in this petition is to the order dated 17/8/2022 passed by the Debts Recovery Tribunal, Nagpur thereby rejecting the application moved by the petitioner seeking extension of time of six weeks for depositing the amount of Rs.8,00,000/- as well as the installments in terms of the order dated 23/6/2022.

We find that a statutory remedy is available to the petitioner for challenging the order dated 17/8/2022.

In these facts, the learned Counsel for the petitioner prays that the petitioner may be permitted to withdraw the Writ Petition and time of three weeks be granted for approaching the Debts Recovery Tribunal. The Writ Petition is permitted to be withdrawn with the aforesaid liberty. For a period of two weeks from today, no coercive steps shall be taken by the respondents consequent to the order dated 17/8/2022. All questions raised in the Writ Petition are kept open.

Since the petitioner desires to prosecute the statutory remedy, he is permitted to withdraw his undertaking which was tendered to show his bonafides for entertaining the Writ Petition. (URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL