Rohini Ramesh Kalyankar Since Deceased Throu. His L.H. And ORS v. State Of Maharashtra Throu. Govt Pleader And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11521 OF 2024 Rohini Ramesh Kalyankar (Since Deceased) Through LRs.: Rasik Ramesh Kalyankar and Ors. .. Petitioners Vs.

State of Maharashtra and Ors.

.. Respondents Mr. Amogh Karandikar, Advocate for the Petitioners. Mrs. Tanaya Goswami, Assistant Government Pleader for Respondent No.1.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 19TH AUGUST, 2024.

P.C. :

1.

The petitioners who were defendant nos.3 to 5, in the original applications preferred by the Central Bank of India - respondent no.2 herein, succeeded before the Debts Recovery Tribunal inasmuch as the original applications came to be dismissed against them. Being aggrieved by that order, the Central Bank of India preferred appeal before the Debts Recovery Appellate Tribunal. By the order dated 25th November 2014, the Debts Recovery Appellate Tribunal allowed the appeal and modified the order passed by the Debts Recovery Tribunal, as a result of which the Recovery Certificate has been issued against defendant nos.1 to 5. The learned counsel for the petitioners submits that the petitioners were orally informed that the records of the proceedings are not available. 2.

Before considering the prayers made in the writ petition, it would be necessary for the petitioners to first make an application for grant of certified copies of the relevant records with regard to the proceedings 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.08.19 16:56:41 +0530 Dixit SNEHA ABHAY DIXIT 6-WP-11521-2024.doc

before the Debts Recovery Appellate Tribunal. Accordingly, time is granted to them to take such steps.

3.

Put up on 18th September 2024 to enable the petitioners to place on record the steps taken in that regard.

4.

Parties to act on authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 6-WP-11521-2024.doc Dixit