Smt. Chandrakala Harihar Lohi And Others v. The Akola Janta Commercial Co-Operative Bank Ltd. Akola Thr. Branch Manager And Others

48wp 6500.2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION (WP) NO. 6500/2019 Smt. Chandrakala Harihar Lohi and ors.

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The Akola Janta Commercial Co-operative Bank Ltd. and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri S.N. Chichbankar, Advocate for the petitioners Shri D.R. Khapre, Advocate for the respondent nos. 1 and 2 CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, J.J. DATED : 18/07/2022 The learned Counsel for the petitioners submits that proceedings under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 are pending before the Debts Recovery Tribunal. The petitioners desire to prosecute the same. The learned Counsel seeks permission to withdraw the writ petition. It is seen that by an interim order dated 23.09.2019 this Court had directed to the petitioners to deposit an amount of rupees fifteen lakhs and thereafter protected the petitioners' possession. That amount was deposited on 26.09.2019.

The respondent no. 1 is permitted to withdraw the amount of rupees fifteen lakhs with accrued interest from this Court. The aforesaid amount shall be taken into consideration in the proceedings before the Debts Recovery Tribunal. The learned Counsel for the parties to place this order on the record of the Debts Recovery Tribunal. All points raised in the writ petition are kept open. It is disposed of accordingly. No costs.

Digitally signed by SANDIP MAHADEV GATE Date:

2022.07.19 19:13:57 +0530 SANDIP MAHADEV GATE JUDGE JUDGE SMGate