The High Court of Judicature at Bombay dismissed a writ petition disputing a debt recovery tribunal order. The Court held the petition should not be entertained as the petitioner had an alternate efficacious remedy by filing an appeal.
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.
WP. 7920-16
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION No. 7920 OF 2016
M/s. Kamal Construction Co. … Petitioner Vs. Bank of Maharashtra … Respondent
Mr. Bhushan Deshmukh i/b Jyoti R. Dhanja, for the Petitioner. Mr. G. A. Kshirsagar, for the Respondents.
CORAM : V. M. KANADE, & M. S. SONAK, JJ. DATE : JULY 12, 2016
PC.
. The learned counsel appearing on behalf of the Petitioner
submits that the Petitioner never made a statement before the DRT that
they are ready and willing to comply with the condition for stay, viz.
depositing a sum of Rs. 50 lakhs. Since the Petitioner is disputing the
statement recorded before the Court, the Petitioner has to approach
before the same Court. The Petitioner is therefore at liberty to move
the DRT. We are, therefore, not inclined to entertain this writ petition.
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WP. 7920-16
Secondly, the Petitioner has an alternate efficacious remedy of filing an appeal. With this direction, writ petition is disposed of. All contentions of both the parties raised in this petition are kept open. At this stage, no interim relief can be granted.
Sd/Sd/[M. S. SONAK, J.] [V. M. KANADE, J.]
Vinayak Halemath
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2 issues framed by the court
Whether writ petition should be entertained when an efficacious remedy of appeal exists.
Whether interim relief can be granted at this stage of the proceedings.
M/s. Kamal Construction Co.
Bank of Maharashtra
V. M. Kanade
M. S. Sonak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
