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Bombay High Court

M/S. Upkar Press Metal Work Thr. ... vs The Authorized Officer Punjab National ... on 2 February, 2023

Author: Abhay Ahuja

Bench: Nitin Jamdar, Abhay Ahuja

                                                                               12. WP 336-22.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO. 336 OF 2022

                     M/s Upkar Press Metal Work                            ...   Petitioner
                          vs.
                     The Authorized Officer
                     Punjab National Bank and Ors.                         ...   Respondents


                     None for the parties.

                                                     CORAM : NITIN JAMDAR AND
                                                             ABHAY AHUJA, JJ.

DATE : 2 FEBRUARY 2023 P.C. :

                      .       None for the Petitioner.


                      2       Petition has come up in regular course and has not been

circulated. Earlier also when the Petition was called out on 19 January 2022, none had appeared for the Petitioner.

3 Petitioner has sought to question the action taken by the Respondent- Secured Creditor under SARFAESI Act, 2002, against which remedy is available before the Debt Recovery Tribunal. Considering the manner in which the Petition is being prosecuted, it appears that the Petitioner has lost interest in prosecuting this Petition.

Digitally signed by 4 Petition is dismissed for non-prosecution. NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2023.02.03 22:08:04 +0530 Nikita Gadgil 1
12. WP 336-22.doc

5 If any application for restoration is sought by the Petitioner, the Petitioner to first demonstrate as to why the Petitioner could not have availed the remedy of approaching the Debt Recovery Tribunal.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) Nikita Gadgil 2