In Writ Petition No. 3765 of 2023, the Bench held that Partitions have relief alternatives through the DRT via other applications filed by the petitioner.
Petition disposed of noting alternative remedy available at the Debt Recovery Tribunal.
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.
902-wp-3765-2023.doc
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Trupti
TRUPTI SADANAND BAMNE
Digitally signed by TRUPTI SADANAND BAMNE
Date: 2023.03.24 17:32:25 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3765 OF 2023
M/s. Shri Makai Sahakari Sakhar Karkhana Ltd. & Ors.
… Petitioners
vs.
Central Bank of India & Anr. … Respondents
Mr. Harshad Sathe with Maavi Sharma for the Petitioners. Mr. Girish Thanvi i/b. Mr. Meghnath Navlani for the Respondents.
CORAM : NITIN JAMDAR & ABHAY AHUJA, JJ.
DATE : 24 MARCH 2023
P.C. :-
The Petitioners are before us because Member of the Debt Recovery Tribunal, Pune was on leave. In Civil Writ Petition No. 3697 of 2023 and Writ Petition (L) No. 7818 of 2023 (O.S.), we have noted this position in the order dated 21 March 2023 and we were informed by the Registrar of the DRT who was present in the Court that an alternate arrangement has been made. Therefore, the Petitioners have a remedy of approaching the DRT. The auction that will be held will be subject to the outcome of the application that the Petitioners will file.
902-wp-3765-2023.doc
2
Trupti
ABHAY AHUJA, J.
NITIN JAMDAR, J.
M/s. Shri Makai Sahakari Sakhar Karkhana Ltd. & Ors.
Central Bank of India & Anr.
Nitin Jamdar
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
