The single bench disposed of the writ petition as withdrawn, allowing liberty to approach the competent Tribunal under S. 17(1) of SARFAESI Act, pending for four weeks based on ad-interim arrangements.
Writ petition allowed to be withdrawn; liberty granted to file appeal under Section 17(1) of SARFAESI Act, 2002.
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 902 of 2016.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION No. 902 OF 2016
Mrs. Shobha Daji Patil ….Petitioner Vs. Axis Bank Ltd. and Ors. ….Respondents
Mr. Kuldeep U. Nikam for Petitioner Mr. T.V. Dhotre i/b. Mr. Ajay L. Bhise for Respondent No.1 Mrs.R.A. Salunkhe -AGP for Respondent Nos.3 to 5 ******
CORAM : A.A, SAYED & MANISH PITALE, JJ
DATE : 18th December, 2017
P.C.
The order dated 26th April, 2017 reads as under:
“P.C.:
1. After the writ petition was argued for some time and we expressed our disinclination to grant any relief, particularly when there is a contrary version placed on affidavit on behalf of
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WP 902 of 2016.doc
Respondent, the learned advocate for Petitioner seeks leave to withdraw the writ petition with liberty to file an application/appeal under Section 17(1) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before competent Tribunal. The writ petition is allowed to be withdrawn and disposed of as such. We clarify that all contentions are kept open.
2. For a period of four weeks from today, the ad-interim order passed by this Court and modified subsequently, shall operate, but without prejudice to the rights and contentions particularly of the bank. No equities will be created because this arrangement is continued for a limited period. This order is passed because the adinterim arrangement earlier made, was vacated by this Court expressly. Mr. Venegaonkar appearing for Axis Bank Limited, states that the Axis Bank has not moved for three months and more, to take possession of immovable land/property in question.”
This order is passed because the ad-interim arrangement earlier made, was
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WP 902 of 2016.doc
vacated by this Court expressly. Mr. Venegaonkar appearing for Axis Bank
Limited states that the Axis Bank shall not move for three months and more, to take possession of immovable land/property in question.
[MANISH PITALE , J.] [A.A. SAYED, J.]
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1 issue framed by the court
Whether the writ petition should be disposed of on terms similar to a previous order.
1 provisions across 1 enactments
Mrs. Shobha Daji Patil
Axis Bank Ltd.
A.A. Sayed
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
