Urmiladevi Mahavirprasad Jain And ANR v. Punjab National Bank And ORS

Digitally signed by ANANT KRISHNA NAIK Date:

2025.01.13 20:14:15 +0530 52.WP.12846.2024.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12846 OF 2024 Urmiladevi Mahavirprasad Jain And Anr

...Petitioners

Versus

Punjab National Bank And Ors.

..Respondents **** Mr. Rohit Agarwal a/w. Kunal Kanungo i/b. Mr. Atishay Jain for the Petitioner.

Adv. Asha Bhuta for the Respondent-PNB Bank.

**** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATED :

8th JANUARY 2025 P.C.:

1.

Challenge raised in this writ petition is to the order passed by Debts Recovery Appellate Tribunal, Mumbai. In the said Appeal, the petitioners have challenged the order dated 30/08/2023 in the Original Application No. 7 of 2020 that was filed before the Debts Recovery Tribunal, Ahmedabad. 2.

It is seen that the petitioners are residents of Ahmedabad. They obtained financial assistance from the respondent no. 1, which is also at Ahmedabad. Hence, in our view on the doctrine of forum conveniens, petitioner ought to approach the Gujarat High Court for challenging the order dated 09/07/2024 3.

The learned counsel for the petitioners seeks time to consider the aforesaid.

akn

52.WP.12846.2024.doc 4.

List under the caption "For Directions" on 30/01/2025. 5.

Affidavit-in-reply on behalf of the respondents shall be filed prior to that date.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J) akn