Bombay High CourtWP/4597/2016dispossed offdismiss for default

Sanat S/O Ramchandra Bhattacharya v. Bank Of Baroda, Nagpur, Through Manager And Others

2016-08-09Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4597/2016 Sanat s/o Ramchandra Bhattacharya ...Versus...

Bank of Baroda, Nagpur through its Manager 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 M. Anilkumar, Advocate for petitioner Shri S.N. Kumar, Advocate for respondent nos.1 and 2 CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : 09.08.2016 Shri M. Anilkumar, the learned Counsel for the petitioner states that the writ petition was filed for challenging two actions - orders.

By this writ petition, the petitioner has challenged the order of attachment, dated 24.4.2015 and has also challenged the under valuation of the property of the borrower. It is fairly stated on behalf of the petitioner that the challenge to the attachment order may have been rendered infructuous, as the property is already attached by the respondents. It is stated that the correctness or otherwise of the order of attachment is also pending consideration in a review application. In regard to the challenge to the valuation, it is stated that the petitioner would approach the appropriate forum and avail the alternate remedy.

In view of the statements recorded herein above, we dispose of the writ petition with no order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE Wadkar

C E R T I F I C A T E I certify that this order uploaded is a true and correct copy of original signed order.

Uploaded by : S.S. Wadkar, P.S. Uploaded on : 11/08/2016