Bombay High Court
A. Navinchandra Steels Pvt. Ltd. And Anr vs Union Of India And 9 Ors on 25 July, 2023
Author: M.M. Sathaye
Bench: B. P. Colabawalla, M.M. Sathaye
6-24-Group-WP-4620-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 4620 OF 2022
WITH
INTERIM APPLICATION (L) NO. 758 OF 2023
IN
WRIT PETITION NO. 4620 OF 2022
A. Navinchandra Steels Pvt. Ltd. And Anr. ...Petitioners/Applicants
Versus
Union Of India And 9 Ors. ...Respondents
WITH
WRIT PETITION (L) NO. 23938 OF 2022
WITH
INTERIM APPLICATION (L) NO. 5260 OF 2023
IN
WRIT PETITION (L) NO. 23938 OF 2022
Shree Shantinath Steels And Another ...Petitioners/Applicants
Versus
Union Of India And 9 Others ...Respondents
WITH
WRIT PETITION (L) NO. 30038 OF 2022
WITH
INTERIM APPLICATION NO. 4362 OF 2022
IN
WRIT PETITION (L) NO. 30038 OF 2022
Cjex Biochem Pvt Ltd ...Petitioner/Applicant
Versus
Board Of Direcitors Of Piramal Capital And
Housing Finance Ltd And 8 Ors ...Respondents
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WITH
WRIT PETITION (L) NO. 32617 OF 2022
Hemlata Vijaykumar Thakur ...Petitioner
Versus
Board Of Directors Of Kalyan Janta Co-Op
Bank Limited And 11 Ors ...Respondents
WITH
WRIT PETITION (L) NO. 35792 OF 2022
Perfect Infra Engineers Ltd. And Another ...Petitioners
Versus
Board Of Directors Of Icici Bank And 13 Others ...Respondents
WITH
INTERIM APPLICATION NO. 18626 OF 2023
IN
WRIT PETITION (L) NO. 35792 OF 2022
Shivganga Charitable Trust ...Petitioner/Applicant
Versus
Board Of Directors Of Icici Bank And 13
Others ...Respondents
WITH
WRIT PETITION (L) NO. 36240 OF 2022
A. Navinchandra Steels Pvt Ltd ...Petitioner
Versus
Union Of India ...Respondent
WITH
WRIT PETITION NO. 1958 OF 2023
Mascot Communication ...Petitioner
Versus
Bharat Co-Operative Bank (Mumbai) Ltd. Multi State
Scheduled Bank ...Respondents
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WITH
WRIT PETITION (L) NO. 9116 OF 2023
Latif Yusuf Manikkoth ...Petitioner
Versus
The Board Of Direcotrs Of Bank Of Baroda ...Respondents
WITH
WRIT PETITION (L) NO. 10862 OF 2023
Cjex Biochem Pvt. Ltd. Represented By Chetan
Prabhashankar Joshi ...Petitioners
Versus
Board Of Director Of Pegasus Assets Reconstruction
Private Limited ...Respondents
WITH
INTERIM APPLICATION NO. 2095 OF 2023
IN
WRIT PETITION (L) NO. 10862 OF 2023
Chetan Prabhashankar Joshi Director Of
Cjex Biochem Pvt. Ltd. ...Petitioner/Applicant
Versus
Board Of Director Of Pegasus Assets
Reconstruction Private Limited ...Respondents
WITH
WRIT PETITION (L) NO. 11035 OF 2023
Premlata Shikharchand Jain ...Petitioner
Versus
The Board Of Directors Of The Bharat Co-Operative
Bank (Mumbai )Ltd ...Respondents
WITH
WRIT PETITION (L) NO. 12079 OF 2023
Dinesh Keshawrao Atkare ...Petitioner
Versus
Board Of Directors Of Tata Capital 1a Authrizd ...Respondents
Officer - Tata Capital Fina Finance Services Ltd.
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WITH
INTERIM APPLICATION (L) NO. 18201 OF 2023
IN
WRIT PETITION (L) NO. 12079 OF 2023
Dinesh Keshawrao Atkare ...Petitioner/Applicant
Versus
Board Of Directors Of Tata Capital
Finance Service Ltd. Represented By
Managing Director And 14ors ...Respondents
WITH
WRIT PETITION (L) NO. 12379 OF 2023
Bharti Pankaj Mehta ...Petitioner
Versus
The Board Of Director Of Asrec (India) Limited. ...Respondents
WITH
INTERIM APPLICATION (L) NO. 14313 OF 2023
IN
WRIT PETITION (L) NO. 13410 OF 2023
Zuhair Mohamedali Merchant Proprietor
Of Adair Electrical Motors Stamping ...Petitioner/Applicant
Versus
Idfc Bank Represented By Its Managing
Director Of Idfc Bank Ltd. ...Respondents
WITH
WRIT PETITION (L) NO. 14710 OF 2023
Four Men Textile International ...Petitioner
Versus
Board Of Directors Canara Bank ...Respondents
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WITH
INTERIM APPLICATION NO. 2499 OF 2023
IN
WRIT PETITION (L) NO. 14710 OF 2023
Sandeep Subhash Agarwal ...Petitioner/Applicant
Versus
Four Men Textile International ...Respondents
WITH
WRIT PETITION (L) NO. 14807 OF 2023
Apex Consumer Appliances Pvt. Ltd. Represented By
Kinjal Dhaval Shah ...Petitioner
Versus
The Board Of Directors Of Bank Of Baroda
Represented By Its Chairman And Managing
Director ...Respondents
WITH
WRIT PETITION (L) NO. 15369 OF 2023
Bjn Hospitality Private Limited ...Petitioner
Versus
The Board Of Trustee Of India Resurgence Arc Trust
Iv ...Respondents
WITH
INTERIM APPLICATION (L) NO. 18128 OF 2023
IN
WRIT PETITION (L) NO. 15369 OF 2023
Bjn Hospitality Private Limited ...Petitioner/Applicant
Versus
The Board Of Trustee Of India Resurgence
Arc Trust Iv And 15 Ors ...Respondents
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WITH
INTERIM APPLICATION (L) NO. 15786 OF 2023
IN
WRIT PETITION (L) NO. 15369 OF 2023
Bjn Hospitality Private Limited ...Petitioner/Applicant
Versus
The Board Of Trustee Of India Resurgence
Arc Trust Iv ...Respondents
WITH
WRIT PETITION (L) NO. 15492 OF 2023
Lifestyle Accessories (India) Pvt. Ltd. ...Petitioner
Versus
Cholamandalam Investment And Finance Company ...Respondents
Ltd.
WITH
WRIT PETITION (L) NO. 17488 OF 2023
Vbera Technologies Pvt Ltd ...Petitioner
Versus
Board Of Directors Of Bank Of Baroda ...Respondents
WITH
WRIT PETITION (L) NO. 18563 OF 2023
Vibera Technologies Pvt Ltd ...Petitioner
Versus
Board Of Directors Of Ratnakar Bank Limited ...Respondents
Mr. Mathews Nedumpara, a/w Hemali Kurne, Maria
Nedumpara, B. S. Mundey and Shameem i/b Nedumpara &
Nedumpara Advocates for Petitioner in all matters.
Madhur Rai, i/b PRS Legal for Abhyudaya Co-Op. Bank and Bank of
Baroda in WP/4620/2022, WP(L)/36240/2022, WP(L)/14807/2023 &
WPL/23938/2022.
Harjot Singh Alang, i/b Raval Shah & Co for Respondent no. 1 to 4
in WPL/35792/2022.
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Mayank Samuel, i/b Sirius Legal for Respondent no. 1 & 2 in
WP(L)/10862/2023.
Arkesh Ayyagari, for Respondent no. 3 & 4 (RBL Bank) in
WP(L)/10862/2023.
Aayush Kothari, i/b Sanjana Ghogare for Respondent no. 1 & 2 in
WP/1958/2023 & WP(L)/11035/2023.
Mr. Anant Bamne, i/b A. R. Bamne & Co for Respondent no. 4 and
4A in WP(L)/12079/2023 & WP(L)/17488/2023.
M. S. Bharadwaj, for Respondent no. 7, 11 & 12 in
WP(L)/12079/2023.
Bharti Bhansali, a/w Jyotika Raichandani i/b FZB & Associates for
Respondent no. 1, 1(A) and 2 in WP(L)/12079/2023.
Pavitra Manesh, i/b Vaishali Bhilare for Respondent no. 2 in
WP(L)/12379/2023.
Ashutosh Mishra, i/b R. V. Govilkar for UOI in WP/4620/2022
Jenish Jain for UOI in WP(L)/13410/2023.
Manish Upadhyay, AGP for State in WP/1958/2023.
Amit Shastri, AGP for State in WP(L)/10862/2023.
Jyoti Chavan, AGP and Abhay Patki, Addl. G. P. For Respondent
State in WP/4620/2022.
Jyoti Chavan, AGP for State in WPL/30038/2022,
WP(L)/12079/2023 & WPL/35792/2022.
L. T. Satelkar, AGP for State in WPL/23938/2022.
Kedar Dighe, AGP for State in WPL/32617/2022,
WP(L)/36240/2022.
Himanshu Takke, AGP for State in WP(L)/11035/2023,
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WP(L)/15369/2023.
Uma Palsule-Desai, AGP for State in WP(L)/12379/2023.
Milind More, Addl. G. P. a/w Jyoti Chavan, AGP for State in
WP(L)/14807/2023.
M. A. Sayyed, AGP for State in WP(L)/15492/2023 &
WP(L)/18563/2023.
P. H. Kantharia, GP for State in WP(L)/17488/2023.
Niyati Shah, i/b MLS Vani & Associates for Respondent no. 13 in
WP(L)/15369/2023.
Mayank Samuel, i/b Sirius Legal for Respondent no. 1 & 2 in
WP(L)/18563/2023.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : JULY 25, 2023 P. C.
1. By order dated 12th June, 2023 the Union of India was to file an Affidavit in the above Writ Petition. Today when the matter was called out, again a request is made by the Union of India for a further period of 3 weeks. We are unable to accept to this request. We find that the Union of India was directed as far back as on 12th June, 2023 to file its Affidavit and make an endevour to decide the issue raised in the above Writ Petition.
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2. In these circumstances, as a last chance, we direct the Union of India to file its Affidavit on or before 2nd August, 2023 and serve a copy of the same on the advocates for the Petitioner.
3. In Writ Petition (L) NO. 14710 OF 2023, Mr. Nedumpara submitted that the secured asset namely "155/6 1 st Floor, Udit Mittal Industrial CSL, Sanjay Building, Mittal Industrial Estate, Andheri Kurla Road, Marol, Andheri (East), Mumbai - 400 059" is going to be taken on 28th July, 2023. He therefore submitted that since the above matters are kept on 2nd August, 2023, the date of taking possession be deferred.
4. We find that the secured asset of which possession is being taken, and which is described above, does not admittedly belong to the Petitioner No. 1 or Petitioner No. 2. The said property belongs to a private limited company, of which Petitioner No. 2 and his wife claim to be only shareholders. Ironically even though this Company has been joined as Respondent No. 10 in the Petition, Interim Application No. 2499 of 2023 is not filed by the Company but is filed by Petitioner No. 2 who is an individual. We find that this Interim Application therefore is wholly misconceived as no relief can be granted therein. It is accordingly rejected.
5. Place the above matters on 2nd August, 2023 High on Board. Page 9 of 10
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6. This order will be digitally signed by the Private Secretary/ TALLE SHUBHAM ASHOKRAO Personal Assistant of this Court. All concerned will act on production by Digitally signed by TALLE SHUBHAM ASHOKRAO fax or email of a digitally signed copy of this order. Date: 2023.07.26 17:53:49 +0530
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