Bombay High Court
Pro Knits Represend By Its Partner vs The Board Of Directors Of Canara Bank By ... on 30 August, 2023
Author: M.M. Sathaye
Bench: B. P. Colabawalla, M.M. Sathaye
2023:BHC-OS:9182-DB
M.ia(l).23378.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.23378 OF 2023
IN
WRIT PETITION (L) NO.20100 OF 2023
M/s. Pro Knits .. Applicant
In the matter between:
M/s. Pro Knits .. Petitioner
Versus
The Board of Directors of Canara Bank & Ors. .. Respondents
Ms.Hemali Kurne a/w B.S. Mundey i/b Nedumpara &
Nedumpara, Advocates for the Petitioner.
Digitally
signed by O.A. Das a/w Pallavi Chori & Priya Nigwekar i/b O.A.
UTKARSH
UTKARSH KAKASAHEB Das, Advocates for Respondent Nos.1 to 3.
KAKASAHEB BHALERAO
BHALERAO Date:
2023.08.31
16:23:25
+0530 A.M. Sethna a/w Ashutosh Mishra & Rangan
Majumdar, Advocates for Respondent Nos. 4 and 5-Union of
India.
Sukanta Karmakar, AGP for State.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : AUGUST 30, 2023
P. C.
Page 1 of 3
AUGUST 30, 2023
Utkarsh
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M.ia(l).23378.2023.doc
1. Not on board. Taken on board.
2. The above Interim Application is filed inter alia to restrain the Respondent Bank from proceeding any further under the provisions of the SARFAESI Act and in particular in furtherance of the Notice dated 8th August, 2023 putting the properties (which forms the subject matter of the Interim Application) for sale on 31 st August, 2023.
3. Considering that the above Writ Petition along with a bunch of other Writ Petitions have already been heard by this Court and have been reserved for passing judgment, we are of the opinion that the Respondent Bank should defer the sale of the Secured Assets mentioned in the Interim Application till our decision is rendered.
4. We therefore direct that till the pronouncement of the judgment in the above Writ Petition along with the other bunch of Writ Petitions, which we have heard, the Respondent Bank shall not proceed with the sale of the Secured Assets mentioned in the Interim Application and shall defer the same.
5. The above Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. Page 2 of 3
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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 AUGUST 30, 2023 Utkarsh ::: Uploaded on - 31/08/2023 ::: Downloaded on - 01/09/2023 02:25:07 :::