Dismissed

M/S Ahead Infra Projects Pvt. Ltd. through Director Suresh Kondbaji Burrewar v. Deputy Director Registrar, Co-Operative Societies, Nagpur and Another

Bombay HC21 Jan 2020WP/3049/2019

Case brief

AI extract

What is this about?

This judgment dismisses a writ petition in default. The petitioner delayed proceedings while a Special Leave Petition was pending at the Supreme Court, despite a prior order favorable to them. Withholding the case record prevented instructions, leading to dismissal.

What did the court decide?

Permission granted to withdraw pleadings and the matter dismissed in default.

M/S Ahead Infra Projects Pvt. Ltd. through… — Contract and Commercial Disputes | Bombay HC (2020)

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1 944.WP3049.19.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR

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WRIT PETITION NO.3049/2019

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M/s. Ahead Infra Projects Pvt. Ltd.

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Vs.

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 Deputy District Registrar, Co-operative Societies, Nagpur.

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…........................................................................................................................................
Office Notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's order
of directions and Registrar's orders

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........................................................................................................................................…...
Shri Roshan Chandurkar, Advocate for the petitioner.

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Shri D. P. Thakare, Additional Government Pleader for respondent
No.1.

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CORAM : R.K. DESHPANDE &

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AMIT B. BORKAR, JJ. DATED : 21^st JANUARY, 2020.

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.The challenge in this petition is to the auction
notice dated 08.03.2019 issued by the respondent No.2 –
Bank for sale of the properties to realise the amount of
borrowed money by the petitioner.

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2. On 18.07.2019, we had passed order as under.

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“Issue notice to respondents for final
disposal of the matter, returnable on
13.09.2019.

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Mr. B.M. Lonare, learned Assistant
Government Pleader waives service of
notice on behalf of respondent No.1.

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The auction may go on; however the
sale certificate shall not be issued until
further orders.

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Steno copy allowed.”

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3.Thereafter, on 19.12.2019, the following order

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was passed.

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2 944.WP3049.19.odt

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“Put up the matter on 7th January,
2020.

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In the meantime, the petitioner shall
be at liberty to bring buyer, who can
purchase the property in auction for the
price more than the price offered by
successful bidder. If such buyer is brought
then the bank shall at liberty to decide the
question as to whom the property is to be
transferred.

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If the petitioner fails to bring such
buyer on or before 30.12.2019, the
respondent-bank shall be at liberty to
proceed further to issue Sale Certificate in
favour of successful bidder.”

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4.On 07.01.2020, when the matter was listed
before this Court, the petitioner sought further time in the
matter stating that the Special Leave Petition has been filed
before the Hon'ble Apex Court challenging the order dated
19.12.2019 passed by this Court and it is to be listed in the
next week. Hence, this Court adjourned the matter by
further period of two weeks, making it clear that on the next
date the petition is likely to be taken up for final disposal.

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5.The learned Counsel for the petitioner has filed
a pursis dated 21.01.2020 stating that the entire record is
taken away by the petitioner on 20.12.2019 and it is not yet
returned. The petitioner is not providing any instructions to

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3 944.WP3049.19.odt

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the Counsel and hence, the learned Counsel seeks
permission to withdraw the power in the present matter.

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6.We find that the order dated 19.12.2019 passed
by this Court operates in favour of the petitioner and that
the petitioner is unnecessarily prolonging the matter before
this Court. As a result of which, the sale has not been
confirmed.

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7.In the aforesaid factual background, we permit
the learned Counsel for the petitioner to withdraw the
power and dismiss the matter in default.

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JUDGEJUDGE

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RGurnule

M/S Ahead Infra Projects Pvt. Ltd. through Director Suresh Kondbaji Burrewar v. Deputy Director Registrar, Co-Operative Societies, Nagpur and Another

Case brief

What is this about?

What did the court decide?

M/S Ahead Infra Projects Pvt. Ltd. through Director Suresh Kondbaji Burrewar v. Deputy Director Registrar, Co-Operative Societies, Nagpur and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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