Bombay High Court
Nitin Jadhav And Ors vs Idbi Bank And Ors on 6 October, 2020
Author: Milind N. Jadhav
Bench: Nitin Jamdar, Milind N. Jadhav
1 6. WPST. 93220.20.doc
JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (ST.) NO. 93220 OF 2020
Nitin Jadhav & Ors. ... Petitioners
V/s.
IDBI Bank & Ors. ... Respondents
Mr. Mihir Desai, Senior Advocate a/w. Mr. Swaraj Jadhav and Ms.
Vaishnavi Mungekar for the Petitioners
Ms. Sunil Kadam for Respondent No.1
Mrs. Rathina Maravarman for Respondent No.3
Mr. Navid Memon for Respondent No.4
CORAM : NITIN JAMDAR &
MILIND N. JADHAV, JJ.
(Through Video Conferencing) DATE : 06 OCTOBER 2020 P.C. :-
The Petitioners have challenged the communication dated 29 April 2020 in respect of steps taken by the Respondent Nos. 1 and 3 towards declaration of the Petitioners as the willful defaulter. When the Petition came up on board on 29 September 2020, the following order was passed :-
" The learned Senior Advocate for the petitioners has drawn our attention to the statement in paragraph
2 6. WPST. 93220.20.doc Nos. 5 and 6 of the Show Cause Notice issued by the Respondent No.1 Bank on 2 June 2020. He states that the Petitioners are willing to take the course of action indicated in the said paragraphs. He submitted that the date for making the representation has lapsed as the Petitioners could not approach the Authority in time due to the Covid pandemic situation.
2. Since this is the limited relief sought for by the Petitioners, stand over to 6 October 2020 under the caption "for Direction". Petitioners will give one more notice to the Respondents and file Affidavit of service.
3. This order will be digitally signed by the Personal Assistant/ Private Secretary of this Court. All concerned to act on production by fax or email of a digitally signed copy of this order."
3. Therefore, though various prayers have been made in this Petition, the issue in the Petition is restricted to extension of time for the Petitioners to make representation.
4. Affidavit-in-reply was filed by the Respondent No.1 wherein the Respondent No.1 has made it clear that the Respondent No.1 is not averse for giving an opportunity to the Petitioners. The learned Counsel for the Respondent No.1 submits that when the Petitioners make a representation, the same will be decided as per law, however, the Petitioners should commit to a time limit within which the Petitioners will make a representation.
3 6. WPST. 93220.20.doc
5. The learned Senior Advocate for the Petitioners states that the Petitioners will make the necessary representation within a period of one week. Once this representation is made, the Respondents will take necessary action as per law. No other order is required to be passed.
6. The Writ Petition is accordingly disposed of.
7. This order will be digitally signed by the Personal Assistant/ Private Secretary of this Court. All concerned to act on production by fax or email of a digitally signed copy of this order.
MILIND N. JADHAV, J. NITIN JAMDAR, J. Digitally signed Jyoti P. by Jyoti P. Pawar Date: Pawar 2020.10.08 11:19:01 +0530