Dismissed

Happy Textile Ltd. v. Bank of Rajasthan Ltd. and Ors.

Bombay HC21 Jun 2007WP/96/2007

Case brief

AI extract

What is this about?

The High Court of Bombay allowed the Criminal Writ Petition to be withdrawn by the petitioner with liberty to approach the Debt Recovery Tribunal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The case was disposed of without considering merits.

What did the court decide?

Petition allowed to be withdrawn with liberty to approach Debt Recovery Tribunal; earlier stay continued for four weeks.

Happy Textile Ltd. Vs Bank of Rajasthan Ltd… — Civil Procedure and Limitation | Bombay HC (2007)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE

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 CRIMINAL WRIT PETITION NO. 96 OF 2007

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 HAPPY TEXTILE LTD. .. PETITIONER

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Vs.

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 BANK OF RAJASTHAN & ANR. .. RESPONDENTS

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 Mr. T. N. Tripathi for petitioner

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 Mr. Subhash Jha with D. Sinha i/b Paras Kuhad
 for R-1.

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 Mr. D.A. Nalawade for R-2

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 Mr. S. R. Borulkar, PP

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 CORAM:-SMT. RANJANA DESAI &
 D. B. BHOSALE, JJ.

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 DATED:-21/6/2007

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 P.C.

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 . We have heard the learned counsel for the

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 parties.

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 2. In view of the decision of this court in Trade

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 Well & Anr. v. Indian Bank & Anr., 2007 (1) BCR
 (Cri.) 783, the learned counsel for the petitioner
 states that the petitioner will approach the Debt
 Recovery Tribunal for appropriate relief under
 Section 17 of Securitization and Reconstruction of
 Financial Assets and Enforcement of Security

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 Interest Act, 2002. He further states that the
 Revision Application No. 12/06 filed by the
 petitioner in the Sessions Court at Daman will be
 withdrawn on or before 9th July, 2007 by the
 petitioner. This statement is accepted.

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 3. The petition is allowed to be withdrawn with
 liberty to the petitioner to approach the Debt
 Recovery Tribunal.

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 4. We make it clear that, we have not considered
 the merits of the case.

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 5. All contentions raised in the petition are kept
 open.

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 6. Stay order granted in this petition earlier
 will continue to operate for a period of four
 weeks.

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 7. Further appropriate orders be taken from Debt
 Recovery Tribunal. Debt Recovery Tribunal shall
 consider the case independently.

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 8. The petitioner shall give notice to the
 respondents of the date when he proposes to move

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 the Debt Recovery Tribunal.

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`9. Petition is disposed of.`

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 JUDGE.
 JUDGE.

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Happy Textile Ltd. v. Bank of Rajasthan Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Happy Textile Ltd. v. Bank of Rajasthan Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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