Bombay High Court
Invent Assets Securitisation ... vs Bank Of Baroda on 10 October, 2023
Author: M. M. Sathaye
Bench: B. P. Colabawalla, M. M. Sathaye
2023:BHC-OS:11649-DB
WPL.17711.23.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION(L) NO. 17711 OF 2013
Invent Assets Securitisation and
Reconstruction Pvt Ltd ..Petitioner
Versus
Bank of Baroda & Ors ..Respondents
ANJALI Digitally signed
by ANJALI
Mr. Prathamesh Kamat, with Prashansa Agarwal,
TUSHAR TUSHAR ASWALE
Date: 2023.10.10 Harsh L. Behany, Neena Shah, Gaurav Gandhi i/b HN
ASWALE 18:54:10 +0530
Legal, Advocates for the Petitioner.
Mr.Nitin Thakkar, Senior Counsel, with Mr.Bhaskar
Sharma i/b Shailesh Rai, Advocates for Respondent No.1.
Dr. Abhinav Chandrachud with Branardo Reis i/b
Shivani Bindra, Advocates for Respondent No.2.
Ms. Madhavi Doshi i/b Phoenix Legal, Advocates for
Respondent Nos.3 & 4.
CORAM : B. P. COLABAWALLA, J &
M. M. SATHAYE, JJ.
DATE : OCTOBER 10, 2023
P.C.
The above Writ Petition is filed challenging the order dated 19th May, 2023 [passed in Interim Application No.356 of 2022 in Appeal No.20 of 2022] under which the Interim Application filed by the Petitioner herein seeking amendment of his Appeal was dismissed. Though several arguments were canvassed before us, Mr. Kamat, the learned counsel appearing on Page 1 of 3 OCTOBER 10, 2023 Aswale ::: Uploaded on - 10/10/2023 ::: Downloaded on - 11/10/2023 07:58:50 ::: WPL.17711.23.DOC behalf of the Petitioner submitted that if this Court clarifies that in the event the order impugned before the DRAT dated 31 st March, 2022 (passed by the DRT) is set aside, then, all consequences and steps taken pursuant to that order would also have to go. 2 We do not really think that this needs to detain us any further. If the order of the DRT impugned in the DRAT, and which directs confirmation of sale of the mortgaged property in favour of Respondent No.2, is set aside by the DRAT, as a legal consequence, all that is done pursuant thereto, would also have to go. Once this is the case, we do not see any reason to entertain the present Petition challenging the impugned order passed by the DRAT refusing the Petitioner's amendment application. 3 It is needless to clarify that the DRAT shall decide the Appeal filed by the Petitioner on its own merits and in accordance with law without being influenced by any of the observations made by us herein.
4 We are informed that the DRAT has placed the above Appeal for hearing tomorrow (i.e. 11th October, 2023). We make it clear that no party shall ask for an adjournment before the DRAT Page 2 of 3 OCTOBER 10, 2023 Aswale ::: Uploaded on - 10/10/2023 ::: Downloaded on - 11/10/2023 07:58:50 ::: WPL.17711.23.DOC and the DRAT is requested, if time permits, to hear this matter tomorrow, on it is listed in its cause-list. 5 The Writ Petition is accordingly disposed of. No order as to costs.
6 This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[M. M. SATHAYE, J.] [ B. P. COLABAWALLA, J ]. Page 3 of 3
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