Bombay High Court
Coventry Springs And Engineering ... vs Assets Reconstruction Company Of India ... on 17 June, 2019
Author: Prakash D. Naik
Bench: A.A. Sayed, Prakash D. Naik
1/2 41.wp.2557.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2557 OF 2018
Conventry Springs and Engineering Company Ltd.
And Ors. ...Petitioners
Vs.
Assets Reconstruction Company of India Ltd.
And Ors. ...Respondents
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Mr. Umesh Shetty a/w Sharila D'souza, Gopalkrishna Nayak I/by Flavia
Legal for the Petitioners.
Adv. S.N. Kumar and Adv. Meghnath Navlani I/by Kumar & Co for
Respondent No. 1.
Mr. M.G. Bhangde, Senior Advocate, Mr. S. Mukherjee, Mr. R. Bhangde, Mr.
Adv. A. Agarwalla, Mrs. Meena Kshirsagar for the Respondent No. 2.
Mr. Milind Ghodke I/by V.K. Wasnik for Respondent No. 3.
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CORAM : A.A. SAYED, &
PRAKASH D. NAIK, JJ.
DATE : 17th JUNE 2019 P.C.: 1. The Petition impugns the order of DRAT, Mumbai dated 30.05.2018.
2. It is an admitted position that the original proceedings i.e. TSA No.73 of 2010 was disposed of by the DRT, Nagpur.
3. There were atleast five Writ Petitions (Writ Petition No. 5005 of 2012, Writ Petition No. 1006 of 2014, Writ Petition No. 3574 of 2014, Writ Petition No. 5006 of 2014 and Writ Petition No. 4683 of 2017) filed by the Umesh Malani ::: Uploaded on - 04/07/2019 ::: Downloaded on - 14/07/2019 01:20:08 ::: 2/2 41.wp.2557.18.doc Respondents at Nagpur Bench of the Bombay High Court and the Petitioners have participated in the said proceedings. Moreover, the Petitioners had also filed Review Application before the Nagpur Bench of the Bombay High Court, seeking review of the order dated 9 March 2015 passed in Writ Petition No.5005 of 2012.
4. In view of the above, notwithstanding the fact that this Court may also have jurisdiction, we are not inclined to entertain the present Writ Petition at the principal Bench of the Bombay High Court. It is required to be noted that the order dated 30 May 2018 of DRAT, Mumbai impugned in the present Writ Petition is passed pursuant to the order of remand of the Nagpur Bench of the Bombay High Court in Writ Petition No.4683 of 2017.
5. The Writ Petition is disposed of with liberty to the Petitioners to approach the Nagpur Bench of the Bombay High Court to challenge the impugned order dated 30 May 2018 of DRAT, Mumbai. The ad-interim relief staying the impugned order dated 30 May 2018 of the DRAT, Mumbai shall operate for a further period of six weeks from today.
(PRAKASH D. NAIK, J) (A.A. SAYED, J.)
Umesh Malani
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