Kishor Mehta and 2 Ors. v. the Recovery Officer, Debt Recovery Tribunal-I, Mumbai and 2 Ors.
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IN THE HIGH COURT
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L.) NO. 2503 OF 2017 ALONG WITH CHAMBER SUMMONS (L.) NO. 349 OF 2017 IN
W.P.(L) NO. 2503 OF 2017.
Mr. Kishor Mehta & Others. … Petitioners.
V/s.
The Recovery Officer,
Debt Recovery Tribunal-I, Mumbai & Ors. … Respondents. And
Mrs. Charu K. Mehta … Proforma Respondent.
Mr. Yashank Adhyaru, Senior Advocate a/w. Mr. Kartik Seth, Advocate i/by Jayesh Gawde, Advocate for the Petitioners. Dr. Birendra Saraf, Senior Advocate a/w. Mr. Rohit Gupta, Mr. Nikhil Rajani i/by M/s. V. Deshpande & Co. for Respondent No.3.
Ms. Shirin Shaikh, Advocate i/by Raval Shah & Co. for Intervener/ Applicant in CHSWL No. 349 of 2017.
CORAM : ANOOP V. MOHTA AND SMT.BHARATI H. DANGRE,JJ.
DATE : 12th SEPTEMBER, 2017
ORDER :
1 Heard the learned senior counsel.
2 Learned counsel appearing for the Respondents raised a preliminary objection to the petition, as an alternate
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statutory remedy is available to the Petitioners, in case, any adverse orders is passed against the Petitioners, even if based upon apprehension so raised. It is expected that the authority will pass order in accordance with law. Therefore, the Petition is disposed of with liberty. All points are kept open.
3 In view of disposal of the petition itself, the chamber summons, taken on board, becomes infructuous. It is disposed off accordingly.
(SMT. BHARATI H. DANGRE,J.) (ANOOP V. MOHTA,J.)
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Mr. Kishor Mehta & Others
The Recovery Officer, Debt Recovery Tribunal-I, Mumbai & Ors.
Mrs. Charu K. Mehta
Shirin Shaikh
Anoop V. Mohta
Bharati H. Dangre
As recorded by the court registry
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