Disposed
Shivom Ply-N-Wood Pvt. Ltd. v. Union of India and Ors.
Bombay HCWP/548/2012
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY…
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WPL-152.sxw
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.152 OF 2012
Shivom Ply-N-Wood Pvt. Ltd. And anr. ...Petitioner. Vs. Union of India and anr. ...Respondents.
Mr. Jay Choksi i/by M/s. Law Firm for the Petitioner. Ms. S.V. Bhanncha with Mr.A.S.Rao for Respondent No.1. Mr. Nikihil Rajani i/by M/s.V.Deshpande & Co. for Respondnet No.2.
CORAM : DR. D.Y. CHANDRACHUD & SHRI. M.S. SANKLECHA, JJ.
25 JANUARY 2012
PC:
The application filed by the petitioner under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has been dismissed by the Debts Recovery Tribunal on 18 November 2011. The appeal filed before the Debts Recovery Appellate Tribunal has been listed for hearing on 23 February 2012. The grievance of the petitioner is that the Debts Recovery Appellate Tribunal has not considered the prayer for ad interim relief. We indicated to the learned counsel appearing on behalf of the petitioner that if the petitioner is ready and willing to make some deposit, this Court will consider the prayer to grant ad interim protection until 23 February 2012. Learned counsel for the petitioner states that the
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WPL-152.sxw
petitioner is not in a position to do so. However, having regard to the fact that Debts Recovery Appellate Tribunal has not specifically considered the prayer for ad interim protection, all that we intend to direct is that the possession of the petitioner shall not be disturbed for a period of one week from today. Within this period, it will be open to the petitioner to move the Debts Recovery Appellate Tribunal for appropriate ad interim orders. In the event, that a protective order is not passed within one week from today the 1st respondent will be at liberty to take action according to law. Ordered accordingly.
The petition is disposed of.
( DR.D.Y. CHANDRACHUD, J )
( SHRI. M.S. SANKLECHA, J. )
1 provisions across 1 enactments
Shivom Ply-N-Wood Pvt. Ltd. And anr.
Union of India and anr.
DR. D.Y. CHANDRACHUD
SHRI. M.S. SANKLECHA
As recorded by the court registry
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