Gujarat High Court
Kelvin Dilipbhai Patel & vs Icici Bank Limited on 6 December, 2016
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/SCA/6981/2016 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CIVIL APPLICATION NO. 6981 of 2016
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KELVIN DILIPBHAI PATEL & 1....Petitioner(s)
Versus
ICICI BANK LIMITED....Respondent(s)
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Appearance:
MR SHAKTI S JADEJA, ADVOCATE for the Petitioner(s) No. 1 - 2
MR SP MAJMUDAR, ADVOCATE for the Petitioner(s) No. 1 - 2
SINGHI & CO, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 06/12/2016
ORAL ORDER
Learned advocate Mr. Shakti Jadeja for the petitioners seeks permission to withdraw the present petition on instructions from the petitioners stating further that the petitioners would opt to avail the remedy of appeal before the Debt Recovery Tribunal under section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2. Permission, as prayed for, is granted with liberty to approach the Tribunal as above and raise all the available contentions as may be permissible in accordance with law before the Tribunal.
3. Learned advocate Mr. Jadeja states that the Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Dec 07 02:03:21 IST 2016 C/SCA/6981/2016 ORDER petitioners would approach the Tribunal within a period of three weeks from today. Since this court had granted order of maintenance of status quo on 29.04.2016 and the same continued till date, it is observed and directed that the said order of granting status quo shall continue for a period of three weeks or until the date when the appeal of the petitioners is first placed before the Tribunal, whichever is earlier. The petitioners shall be at liberty to pray for continuation of stay on merits on such date.
4. Learned advocate expressed reservation about the aspect of limitation apprehending that the Tribunal may not entertain the appeal on the ground of delay. In this regard it is observed and directed that the Tribunal shall accept the appeal considering the fact that the present petition was filed and remained pending.
5. The petition stands disposed of. Notice is discharged.
(N.V.ANJARIA, J.) cmjoshi Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Dec 07 02:03:21 IST 2016