Croma Polymers And ANR v. Bank Of Baroda And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1060 OF 2025 Croma Polymers and Anr.

.. Petitioners Vs.

Bank of Baroda and Anr.

.. Respondents Ms. Kruti Bhavsar, Advocate for the Petitioners. Mr. Raghava M. with Ms. Anuita Ail, Advocates for Respondent No.1. Mr. Mohamedali M. Chunawala, Advocate for Respondent No.2. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 5TH FEBRUARY 2025.

P.C. :

1.

The challenge raised in this writ petition is to the order dated 24th December 2024 passed by the learned Presiding Officer, I/c. Debts Recovery Tribunal-III, Mumbai in Securitization Application No.502 of 2024. The grievance of the petitioners is that in view of the statement made on behalf of the respondent no.1 that possession of the subject property was already taken, the prayers made by the petitioners were not considered on merit. The petitioners have thereafter filed an interim application seeking restoration of possession. 2.

Since the proceedings in the form of an interim application seeking restoration of possession are pending before the Debts Recovery Tribunal, we are not inclined to entertain this writ petition. By clarifying that the interim application seeking restoration of possession shall be considered on its own merits and independent of the order dated 24th December 2024, the writ petition is disposed of as not entertained. All points raised are kept open.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2025.02.06 10:12:35 +0530 Dixit SNEHA ABHAY DIXIT 9-WP-1060-2025.doc