Ltc Commercial Co. P. Ltd. Thr. Its Authorized Signatory Rajesh Saraswa S/O. Champalal Sarswa v. The Collector, Wardha

crwp899.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.899/2018 LTC Commercial Co. Pvt. Ltd. thr. Rajesh Saraswa s/o Champalal Saraswa .vs. Collector, Wardha, Dist. Wardha and ors. _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. J. S. Chilotra, Advocate for petitioner.

Mr. N. S. Rao, A.P.P. for respondent no.1.

Mr. R. O. Chhabra, Advocate for respondent no.3. Mr. S. B. Tiwari, Advocate holding for Mrs. S. Sahastrabuddhe, Advocate for respondent no.4. CORAM : V.M. DESHPANDE, J.

DATED : JANUARY 29, 2019 Heard Mr. Chilotra, Advocate for petitioner, Mr. Rao, A.P.P. for respondent no.1, Mr. Chhabra, Advocate for respondent no.3 and Mr. Tiwari, Advocate Advocate for respondent no.4.

The present petitioner-LTC Commercial Co. Pvt. Ltd. and respondent no.2-M/s. Yogesh Enterprises were the partners. A warehouse was belonging to respondent no.2, is the statement of the petitioner. Agriculturists used to stock their goods in the said warehouse and institutions like PNB, IDBI Bank used to give various amounts of loans on the basis of said stocks. However, it was found that the stock is missing. Mr. Chhabra submitted that in the proceedings filed before Debts Recovery Tribunal against M/s. Yogesh Enterprises, present petitioner LTC

crwp899.18.odt Commercial Co. Pvt. Ltd. is having collusive interest with M/s. Yogesh Enterprises and challenge in this writ petition is withdrawal of the appeal filed by M/s. Yogesh Enterprises.

In that view of the matter, petitioner-LTC Commercial Co. Pvt. Ltd. must show its bona fides before this Court. Hence, the petitioner is directed to deposit Rs.10,00,000/- before this Court within a period of two weeks from today, failing which the writ petition shall stand dismissed automatically, without back reference to the Court.

JUDGE kahale