Disposed
Shailesh S/O Shalikram Rangari v. Phoenix Arc Private Limited, Mumbai Thr. Authorised Officer and Ors.
Bombay HCWP/7635/2023
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from the order text
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IN THE HIGH
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1 WP-7635-2023.odt
2023:BHC-NAG:16431-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR
Writ Petition No.7635 of 2023
Shailesh S/o Shalikram Rangari Versus Phoenix ARC Pvt. Ltd. and others
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Shri S.P. Bhandarkar with Shri Manish Shukla, Counsel for Petitioner.
Shri M. Anilkumar with Ms Mitisha Kotecha, Counsel for Respondent No.1.
CORAM : A. S. CHANDURKAR AND ABHAY J. MANTRI, JJ. DATE : 9th NOVEMBER,2023 .
1.The challenge raised in the present petition is to the order dated 6-11-
2023 passed by the Debts Recovery Tribunal rejecting the application preferred
by the petitioner for grant of interim relief. On instructions, it is submitted by
the learned counsel for the respondent No.1 that the date that was indicated in
the notice dated 29-10-2023 for taking over possession of the property has now
gone by and hence there is no immediate threat to the petitioner. He further
submits that according to the respondent No.1, the petitioner is not in possession
of the said property.
2.Since it is now informed that the petitioner has preferred an appeal before
the Debts Recovery Appellate Tribunal on 8-11-2023, the writ petition is
disposed of in terms of prayer clause (A) to enable the petitioner to take
appropriate steps before the Debts Recovery Appellate Tribunal. All points raised
in this writ petition are kept open.
(ABHAY J. MANTRI, J.) (A. S. CHANDURKAR, J.)
LANJEWAR
2 issues framed by the court
Whether the writ petition challenging the Debts Recovery Tribunal's order should be allowed while the petitioner has filed an appeal.
Whether the court should grant leave to enable the petitioner to take steps before the Debts Recovery Appellate Tribunal.
Shailesh S/o Shalikram Rangari
Phoenix ARC Pvt. Ltd.
ABHAY J. MANTRI
A. S. CHANDURKAR
As recorded by the court registry
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