The High Court set aside an order of the Debt Recovery Appellate Tribunal rejecting a condonation of delay application. The delay of 55 days was condoned, and the appeal was allowed to be disposed of expeditiously.
The order dated 23/2/2010 was set aside. The delay of 55 days was condoned.
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wp1975-10
1
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD.
Office notes, office Memoranda of coram, appearance, court’s orders or directions and Registrar’s orders
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WRIT PETITION NO.1975/2010.
Jalgaon Janata Bank Ltd.
Vs
Mahavir Urban Co-op.Credit Society
& Ors.
Shri A.N.Nagargoje,Adv.for Petr
Shri A.D.Shinde,Adv.for R.1
Shri R.P.Phatake,A.G.P. for R-6.
Respondent no.6 served
Shri Kulbhushan Deshpande,Adv.for
R.5
Shri K.J.Suryawanshi,Adv.for R.8.
CORAM : D.B.BHOSALE &
R.M.BORDE,JJ.
DATE : 03/03/2011.
1]Inthispetition,the
petitioner-bank has taken exception
to the order dated 23/2/10 passed
by the Debt Recovery Appellate
Tribunal, Aurangabad, rejecting an
application filed by the petitioner
for condonation of 55 days delay
caused in filing the appeal.
2]We have heard learned counsel
wp1975-10
2
for the parties. They have stated
that we need not record reasons for
allowing this Petition and they
have agreed for the following order
:
3]The order dated 23/2/2010 is
set aside. The delay of 55 days
caused in filing the Appeal is
condoned.
4]The Debt Recovery Appellate
Tribunal,Aurangabadshall
endeavour to dispose of Appeal No.
42/10 as expeditiously as possible
and preferably within a period of 8
weeks from the date of receipt of
this order. Learned counsel for
the parties are allowed to produce
copy of this order before the Debt
Recovery Tribunal within a period
of 2 weeks from today.
5]We have perused the order
dated 4/3/2010. Keeping that in
view, learned counsel for the
parties have agreed for directions
to the Recovery Officer, Debt
RecoveryAppellateTribunal,
Aurangabad, not to confirm the
auction till the disposal of the
Appeal. Order accordingly.
6]It is needless to mention that
theDebtRecoveryAppellate
3 wp1975-10
Tribunal shall decide the Appeal on
merits in accordance with law.
While passing this order, we shall
not be understood to have examined
the merits of the case. Writ
Petition is disposed of.
(R.M.BORDE,J.) (D.B.BHOSALE,J.)
umg/wp1975-10
Jalgaon Janata Bank Ltd.
Mahavir Urban Co-op.Credit Society
D.B.BHOSALE
R.M.BORDE
As recorded by the court registry
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