Tcm Logistics Pvt. Ltd. And ORS v. Union Of India Through Ministry Of Law And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18958 OF 2024 TCM Logistics Pvt. Ltd., Vashi and Ors.

.. Petitioners Vs.

Union of India, Through Ministry of Law and Anr.

.. Respondents Mr. Yogendra M. Kanchan with Mr. Rohit Vaishya, Advocates, i/by YMK Legal, for the Petitioners.

Mr. Mohamedali M. Chunawala, Advocate for Respondent No.1-UOI. Mr. Charles De Souza with Mr. Rupak Sawangikar and Ms. Salma Ghaswala, Advocates, i/by Ghaswala & Associates, for Respondent No.2. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 18TH DECEMBER 2024.

P.C. :

1.

The challenge raised in this writ petition is to the order dated 28th November 2024 passed by the Debts Recovery Appellate Tribunal by which the petitioners have been directed to deposit an amount of Rs.5,65,72,409/- being 50% of the amount of dues determined. The learned counsel for the petitioners submits that the time to deposit the first installment be extended by a period of four weeks. On being asked to comply with the deposit of at-least the first installment to enable consideration of the prayer for extension of time, the learned counsel for the petitioners submitted that the petitioners are not in a position to SNEHA ABHAY DIXIT deposit the first installment by tomorrow.

SNEHA ABHAY DIXIT Date: 2024.12.18 19:56:39 +0530 1/2 907-WP-18958-2024.doc Dixit

2.

In these facts therefore we do not find that there is any case for exercising a discretion under Article 226 of the Constitution of India. We are therefore not inclined to entertain the writ petition. Needless to mention that it is open for the petitioners to approach the Debts Recovery Appellate Tribunal if they seek any extension of time after complying with the deposit of the first and second installments. 3.

The writ petition is disposed of as not entertained. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 907-WP-18958-2024.doc Dixit