The Division Bench of the Bombay High Court reviewed multiple review petitions against decisions of the Debts Recovery Appellate Tribunal, noting the availability of alternative remedy and disposing of the matters by keeping points open.
Review petitions disposed by keeping all points open with 2 No. costs.
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 CIVIL APPELLATE JURISDICTION
Review Petn. in WP NO. 165 OF 2016 IN Writ Petition NO. 12721 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s. Hotel Mayfair Pvt. Ltd.
...Respondent(s)
WITH Review Petn. in WP (ST) NO. 33071 OF 2016 IN Writ Petition NO. 12724 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus M/s. Hotel Mayfair Pvt. Ltd. ...Respondent(s)
...Respondent(s)
WITH Review Petn. in WP (ST) NO. 33074 OF 2016 IN
Writ Petition NO. 12719 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s. Hotel Mayfair Pvt. Ltd.
...Respondent(s)
WITH Review Petn. in WP (ST) NO. 33113 OF 2016 IN
Writ Petition NO. 12726 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s. Hotel Mayfair Pvt. Ltd.
...Respondent(s)
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WITH
Review Petn. in WP (ST) NO. 33114 OF 2016 IN Writ Petition NO. 12727 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s. Hotel Mayfair Pvt. Ltd.
...Respondent(s)
WITH
Review Petn. in WP (ST) NO. 33115 OF 2016 IN
Writ Petition NO. 12718 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s Hotel Sahil Pvt. Ltd.
...Respondent(s)
WITH Review Petn. in WP (ST) NO. 33116 OF 2016 IN Writ Petition NO. 12720 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s. Hotel Mayfair Pvt. Ltd.
...Respondent(s)
WITH Review Petn. in WP (ST) NO. 33121 OF 2016 IN Writ Petition NO. 12722 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus M/s. Hotel Mayfair Pvt. Ltd. ...Respondent(s)
...Respondent(s)
WITH Review Petn. in WP (ST) NO. 33128 OF 2016 IN
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Writ Petition NO. 12725 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus M/s. Hotel Mayfair Pvt. Ltd. ...Respondent(s)
...Respondent(s)
WITH Review Petn. in WP (ST) NO. 33131 OF 2016 IN Writ Petition NO. 12723 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s. Hotel Sahil Pvt. Ltd. ...Respondent(s)
AND ALONG WITH
REVIEW PETITION IN WP (ST) NO. 33078 OF 2016 (NOT ON BOARD) IN
WRIT PETITION NO. 12717 OF 2016
Maharashtra State Financial Corporation ...Petitioner(s) Versus
M/s. Hotel Sahil Pvt. Ltd. ...Respondent(s)
Dr. Arun Kumar Barthakur for the Review Petitioners (Original Respondents) in all matters.
Ms. Jyoti Chavan for respondents (Original Petitioners) in all matters.
CORAM: ANOOP V. MOHTA AND A. S. GADKARI, JJ.
DATE : December 22, 2016
ORDER:
In continuation of earlier orders, the statement is made by
the counsel appearing for the parties that the Registrar, Debts
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Recovery Appellate Tribunal, on an Application/Representation filed by Petitioners, has taken decision and maintained the earlier order. The original Petitioner, even if aggrieved by the same, the alternateive remedy is available. In view of this, by keeping all points open, we are disposing of all these Review Petitions.
2 No costs.
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1 issue framed by the court
Whether alternative remedy is available to original petitioner aggrieved by order of Registrar, Debts Recovery Appellate Tribunal.
Maharashtra State Financial Corporation
M/s. Hotel Mayfair Pvt. Ltd.
M/s Hotel Sahil Pvt. Ltd.
Anoop V. Mohta
A. S. Gadkari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
