Hindustan Petroleum Corporation Limited v. Kotak Mahindra Bank Ltd And ORS.

54 WP-5635-24.doc BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5635 OF 2024 BHARAT DASHARATH PANDIT Date: 2024.06.12 12:31:54 +0530 Hindustan Petroleum Corporation Limited .... Petitioner.

V/s Kotak Mahindra Bank Ltd & Ors.

..... Respondents.

------ Mr. S.S. Panchpor, Advocate for the Petitioner (through V.C.) Mr. Sanjay Anabhawane a/w Ms. Meedha Rane, Advocates for the Respondents.

----- CORAM: A.S. CHANDURKAR & S. M. MODAK, JJ.

DATE: 11th June, 2024 P.C.:- 1] It is submitted by the learned Advocate for the Petitioner that during pendency of the writ petition, the Debts Recovery Tribunal on 26/04/2024 has decided Interim Application and has refused to grant any interim relief. That order is the subject matter of challenge in appeal before the Debts Recovery Appellate Tribunal. He therefore submits that prayer clause (d) in the present writ petition partly does not survive. He seeks direction for expeditious consideration of Securitisation Application No.98 of 2024 that is pending before the Debts Recovery Tribunal.

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54 WP-5635-24.doc 2] Since the appeal preferred by the Petitioner is pending before the Debts Recovery Appellate Tribunal, the Petitioner is at liberty to seek expeditious disposal of Securitisation Application No.98 of 2024 before the Debts Recovery Appellate Tribunal. Keeping this aspect open the writ petition is disposed of. All points on merits can be raised before the Debts Recovery Appellate Tribunal.

[ S. M. MODAK, J. ] [ A.S. CHANDURKAR, J.] 2/2