Petitioner sought writ for restoration of property possession lost during appeal pendency; Court declined to entertain as issue pending at Debt Recovery Appellate Tribunal and dismissed petition.
Writ Petition disposed of; no restoration of possession granted.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3846 OF 2023
DBM Educational Foundation … Petitioner
vs. … Nagpur Sahakari Bank Limited and Anr. Respondents
Mr. Sujit Mashal i/b Nasikwala Law Office for Petitioner. None for the Respondents.
CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ. DATE : 27 MARCH 2023
P.C. :
2 Petitioner had challenged the order passed by the Debt Recovery Tribunal dated 9 March 2023 by filing an appeal in the Debt Recovery Appellate Tribunal. In the Debt Recovery Appellate Tribunal Petitioner sought stay of the order which was regarding taking of possession of the property. The proceedings were adjourned. Petitioner did not make the mandatory pre-deposit and while the appeal was pending the Respondents have taken over the possession of the property. Learned Counsel for the Petitioner states that Petitioners are ready to make the pre-deposit as per law.
3 Thus essentially what the Petitioner seeks by this Petition is restoration of the possession of property. Same inquiry which will
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Nikita Gadgil
have to be undertaken for acceding to this request of the Petitioner would be undertaken in the appeal. Considering the fact that the Petitioner’s appeal and stay applications are pending, we are not incline to entertain the petition. However, since during the pendency, possession of the property is lost, if Petitioners make a request for early hearing of the application/appeal, we have no doubt that the Debt Recovery Appellate Tribunal will consider the request sympathetically.
4 Since Respondents are not before us, we keep all contentions open, including the observations made by the Debt Recovery Tribunal that Petitioners have no concern with the property in question.
(ABHAY AHUJA, J.) (NITIN JAMDAR, J.)
Digitally signed byNIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:2023.03.29 11:34:05 +0530
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Nikita Gadgil
DBM Educational Foundation
Nagpur Sahakari Bank Limited
Nitin Jamdar
Abhay Ahuja
As recorded by the court registry
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