Mahesh S/O Deodutta Gupta And Others v. Reliance Asset Reconstruction Company Ltd., Mumbai Thr. Authorised Officer And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.6212 OF 2022 (Mahesh s/o Deodutta Gupta and others vs. Reliance Asset Reconstruction Company Ltd. and others) ________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court'

s or Judge'

s orders or directions and Registrar'

s orders.

Shri D.V. Chauhan, Advocate for petitioners.

Shri A.T. Purohit, Advocate for respondent no.1. Shri N.S. Rao, Assistant Government Pleader for respondent nos.2 and 3.

Shri Bhanu Bhushan Kumar, Advocate and Shri S.R. Jaiswal, Advocate for respondent no.4.

-------- CORAM : SUNIL B. SHUKRE AND ANIL L. PANSARE, JJ.

DATED : OCTOBER 21, 2022 Heard learned Counsel for the parties.

2) When this Court granted interim relief to the petitioners on 6/10/2022, the duty imposed upon the petitioners was quite clear. The petitioners were called upon to deposit an amount of rupees two crores with the Debts Recovery Tribunal, Nagpur. Instead of depositing the amount of rupees two crores with the Debts Recovery Tribunal, Nagpur, the petitioners deposited a "demand draft" of rupees two crores drawn in favour of the Reliance Asset Reconstruction Co. Ltd. with the Debts Recovery Tribunal, Nagpur. Submission of such a

2110wp6212.22 2/2 demand draft to the Debts Recovery Tribunal, Nagpur is no compliance with the order passed by this Court. What was to be done by the petitioners was actual deposit of amount of rupees two crores, but it was not done by the petitioners. The petitioners have taken undue advantage of the interim relief granted by this Court and, therefore, this petition stands dismissed. However, liberty is granted to the petitioners to approach the Debts Recovery Tribunal, Nagpur, keeping all the questions open.

JUDGE JUDGE khj JESWANI