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Supreme Court - Daily Orders

M/S Golf Technologies Pvt.Ltd vs Axis Bank Limited . on 22 April, 2015

Bench: Anil R. Dave, V. Gopala Gowda, C. Nagappan

                                                         1

                                                                                          OUT TODAY

  ITEM NO.601                                  COURT NO.3                      SECTION IX

                                S U P R E M E C O U R T O F             I N D I A
                                        RECORD OF PROCEEDINGS

  Petition(s) for Special Leave to Appeal (C)                          No(s).    12569/2015

  (Arising out of impugned final judgment and order dated 07/04/2015
  in WPL No. 1005/2015 passed by the High Court Of Bombay)

  M/S GOLF TECHNOLOGIES PVT.LTD & ANR                                          Petitioner(s)

                                                     VERSUS

  AXIS BANK LIMITED & ORS.                       Respondent(s)
  (with appln. (s) for exemption from filing c/c of the impugned
  judgment)

  Date : 22/04/2015 This petition was called on for hearing today.

  CORAM :                 HON'BLE MR. JUSTICE ANIL R. DAVE
                          HON'BLE MR. JUSTICE V. GOPALA GOWDA
                          HON'BLE MR. JUSTICE C. NAGAPPAN

  For Petitioner(s)                     Mr.   Vikas Singh, Sr. Adv.
                                        Ms.   Deepika Kalia, Adv.
                                        Mr.   Ajay Marwah, Adv.
                                        For   Mr. Varinder Kumar Sharma, Adv.

  For Respondent(s)                     Mr. Pinaki Mishra, Sr. Adv.
                                        Mr. Ankur Prakash, Adv.
                                        For Mr. Suresh Datt Dobhal, Adv.

                          UPON hearing counsel the Court made the following
                                          O R D E R

Taken on board.

The learned senior counsel appearing for the petitioners has submitted that instead of filing an appeal before the Debts Signature Not Verified Recovery Tribunal (DRT) under Section 17 of the Digitally signed by SARAFAESI Act or under RBBI, the petitioners have filed Civil Jayant Kumar Arora Date: 2015.04.29 17:12:09 IST Reason:

Suit being CS(OS) No. 4095 of 2014 before the Delhi High Court as the petitioners have alleged fraud. 2 In these circumstances, without going into the merits of the case, it is clarified that it would be open to the petitioners to proceed with the suit which has already been filed by them before the High Court.
As a suit has already been filed, the learned counsel for the petitioners seek permission to withdraw this Special Leave Petition.
The Special Leave Petition is, accordingly, disposed of as withdrawn.
Leave to correct Annexure P12 of the Special Leave Petition is granted.



       (Jayant Kumar Arora)                        (Sneh Bala Mehra)
             Sr. P.A.                             Assistant Registrar

A copy of the order may be given Dasti.