Kirtikumar S/O. Jethmal Bafna v. Kotak Mahindra Bank Ltd., Thr. Branch Manager, Nagpur And Others

87-WP-8384-22.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 8384 OF 2022 Kirtikumar s/o Jethamal Bafna vs.

Kotak Mahindra Bank Ltd. through its Branch Manager, Nagpur and others. ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------------------------------ Shri G.L.Agrawal, Advocate for petitioner.

Shri Yash Kullarwar, Advocate for respondent no. 1. Shri Amit Madiwale, Assistant Government Pleader for respondent no.8 CORAM :- A.S.CHANDURKAR AND ANIL L. PANSARE, JJ., DATE :- DECEMBER 22, 2022 Challenge is raised to the order dated 20.12.2022 passed by the Debts Recovery Tribunal in proceedings initiated by the petitioner by which request for grant of protection against the possession notice dated 15.12.2022 has been refused. The learned counsel appearing for the respondent no.1 on instructions submits that without prejudice to the claim of the respondent no.1, for a period of ten days from today no steps would be taken to execute the possession notice dated 15.12.2022. In view of this statement, the learned counsel for the petitioner seeks leave to withdraw the writ petition so as to avail alternate remedy.

Accepting the statement and keeping the points raised in the writ petition open, the writ petition is disposed as as withdrawn. No costs.

(ANIL L. PANSARE, J.) (A.S.CHANDURKAR, J.) Andurkar..

ANDURKAR Personal Assistant 23.12.2022 10:54