M/S Hotel Aditya Thr. Its Partners Bk Nandane And ANR v. The Akola Janata Commercial Co-Op. Bank Ltd. Thr. Its Ceo And 4 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5516 OF 2009 (M/s. Hotel Aditya vs. The Akola Janata Commercial Cooperative Bank 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.

CORAM : B.P. DHARMADHIKARI AND KUM. INDIRA JAIN, JJ.

DATED : JULY 11, 2016 Adv. Ghare appearing for petitioner is seeking time.

Adv. Khapre, who appears for respondent nos.1 and 2/secured creditors, submits that as per modification in its interim order by Hon'ble Apex Court, the petitioner has to deposit additional amount. The said application was moved by respondent nos.1 and 2 on 13/10/2015 and though period of more than 9 months has expired, the petitioner has not filed any reply.

On 6/6/2016, we granted Adv. Ghare time of two weeks to file reply. Today statement is being made that petitioner is avoiding to contact and hence, learned Counsel wishes to withdraw Vakalatnama by serving appropriate notice upon petitioner.

1107wp5516.09 2/2 We are not inclined to adjourn the matter.

As petitioner apparently is not instructing his Counsel, we discharge Counsel. Simultaneously, we dismiss writ petition for want of prosecution. Rule is discharged. No costs.

JUDGE JUDGE khj