The High Court of Judicature at Bombay, Nagpur Bench, disposed of several Civil Applications (CAWs) regarding intervening petitions, amendment of proceedings, and service of notices in writ petitions concerning auctions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
WRIT PETITION NO.1519 OF 2015 M/s. Linksons International Club & Resorts Pvt. Ltd., thr its Director and ors
..vs..
Authorized Officer, Pusad, Urban Cooperative Bank Ltd., Talao Layout, Pusad and anr AND
WRIT PETITION NO.1520 OF 2015 M/s. Linksons Projects & Infrastructure Pvt. Ltd., thr its Director and ors ..vs..
Authorized Officer, Pusad, Urban Cooperative Bank Ltd., Talao Layout, Pusad
....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders
Shri Rajnish Vyas, counsel for the petitioners. Shri Abhay Sambre, counsel for R-1.
CORAM : B.P. DHARMADHIKARI & KUM. I.K. JAIN, JJ. DATED : JUNE 21, 2016.
Civil Application (CAW) Nos.2493 and 2494 of 2015
Heard.
Subsequent events are sought to be brought on record. Though learned counsel appearing for the respondent is opposing the prayer, in the interest of justice, we grant leave to amend. Necessary amendment be carried out within a period of one week. Liberty to the respondents to file their additional affidavits, if any, within further period of one week.
The civil applications are disposed of.
Civil Application (CAW) Nos.939 and 960 of 2015
Heard.
The successful auction purchasers want to
.....2/-
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intervene in the matter. This Court has, by interim orders, permitted auction to proceed further but subjected it to the outcome of the writ petition.
In this situation, applicants, M/s. Bajrang Craft Board as party respondent No.3 in Writ Petition No.1519 of 2015 and Shri Suresh S/o Deoraoji Doifode as party respondent No.2 in Writ Petition No.1520 of 2015, are allowed to be joined. Necessary amendment be carried out immediately.
Learned counsel Shri A.M. Ghare waives notice for the added respondents. The added respondents to file their replies, if any, within a period of two weeks.
The civil applications are disposed of.
Civil Application (CAW) Nos.1092 and 1093 of 2015
Heard.
Punjab National Bank, claiming to be the secured creditor, has filed these applications seeking intervention.
Learned counsel Shri Abhay Sambre for nonapplicant No.1-Cooperative Bank, seeks leave to file appropriate reply. He submits that as yet he has not been served with copies of the applications.
Learned counsel Shri M.Y Wadodkar for the intervenor to serve copies of the applications on parties to the writ petitions. The parties are free to file their replies,
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within a period of three weeks.
Stand over to 12.7.2016.
JUDGE JUDGE
!! BRW !!
...../-
M/s. Linksons International Club & Resorts Pvt. Ltd.
M/s. Linksons Projects & Infrastructure Pvt. Ltd.
Authorized Officer, Pusad, Urban Cooperative Bank Ltd.
B.P. DHARMADHIKARI
I.K. JAIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
