Bombay High Court
M/S. Al Nakib Trading Co. And Anr vs The Memon Co-Op. Bank Ltd. And 4 Ors on 23 June, 2023
Author: M.M. Sathaye
Bench: B. P. Colabawalla, M.M. Sathaye
2023:BHC-OS:5509-DB
3.ia(l).16716.2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.16716 OF 2023
IN
WRIT PETITION (L) NO.2850 OF 2012
M/s. AL NAKIB Trading Company & Anr. .. Applicants
In the matter between:
M/s. AL NAKIB Trading Company & Anr. .. Petitioner
Versus
The MEMAN Cooperative Bank Ltd & Ors. .. Respondents
Mr.Harshad Sathe, Advocate for the Applicant.
Mr.A.R. Bamne i/b M/s. A.R. Bamne & Co., Advocate for
Respondent No.1 (Bank of Baroda).
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : JUNE 23, 2023
P. C.
1. The above Interim Application is filed seeking restoration of the above writ petition which was dismissed for non-removal of office objections on 1st April, 2014. In the Petition the challenge is made to the order passed under Section 14 of the SARFAESI Act, 2002. Page 1 of 2
JUNE 23, 2023 Utkarsh ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 02:37:37 :::
3.ia(l).16716.2023.doc
2. The learned advocate appearing on behalf of the Petitioner, on instructions, stated that he wishes to withdraw the above Interim Application with liberty to pursue his remedies under Section 17 of the SARFAESI Act, 2002 before the concerned DRT.
3. In these circumstances, the above Interim Application is dismissed as withdrawn with liberty to the petitioners to approach the DRT under Section 17 of the SARFAESI Act.
4. If such an Application is preferred the same shall be decided in accordance with law.
5. In view of the withdrawal of the above Interim Application and which in effect means that the above writ petition is not restored to file, Interim Application (L) No.16717 of 2023 does not survive and is disposed of as such.
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 2 of 2 JUNE 23, 2023 Utkarsh ::: Uploaded on - 26/06/2023 ::: Downloaded on - 27/06/2023 02:37:37 :::