WP/16687/2023 of M/S CAPITAL FIBERS PVT LTD THROU. ITS DIRECTOR KUMAR DHARMDAS KEWALRAMANI Vs TJSB SAHAKARI BANK LTD AND ORS on 28 December 2023

NILAMDigitally signed byNILAM SANTOSHSANTOSHKAMBLEKAMBLEDate: 2023.12.2815:08:10 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAYCIVIL APPELLATE JURISDICTION

WRIT PETITION NO.16687 OF 2023

M/s.Capitol Fibres Pvt. Ltd. & Anr .….Petitioners

V/s.

TJSB Sahakari Bank Ltd. & Ors.

….Respondents

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Mr.Manoj Harit a/w Mr.Niket Haris i/b Manoj Harit & Co., forthe Petitioners.

Mr.Rajesh Nagore a/w Mr.Vinay Deshpande, Mr.Nikhil Rajani,Mr.Rupak Sawangikar i/b M/s.V. Deshpande & Co., for theRespondent Nos.1 and 2-Bank.Ms.Kavita N. Solunke, AGP, for Respondent No.3

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CORAM : SHIVKUMAR DIGE &SOMASEKHAR SUNDARESAN, JJ.

DATE : 28[th] DECEMBER 2023(VACATION COURT)

P.C:-

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Heard learned counsel for the Petitioners and learned counsel for Respondent Nos.1 and 2 and learned AGP forRespondent No.3.

2.The learned counsel for Petitioner submits that, Interim Application was filed by the Petitioner before the DRT- III to stay the possession Order dated 4[th] December 2023 as well

as impugned Order dated 6[th] October 2023. The said matter washeard at length by the Presiding Officer but after hearing thematter, without passing any Order, it is postponed to 7[th] March2023.

3.The learned counsel for Petitioner further submitsthat the Respondent Nos.1 and 2 are going to take possessiontoday. If this Court remit the matter to DRT-III for passingOrder on heard Interim Application, the learned counsel for thePetitioner, on instructions, undertakes that, if his InterimApplication is rejected Petitioner would hand over the possessionof the suit property to the Respondent Nos.1 and 2, subject to hisright to Appeal against the said Order.

4.The learned counsel for Respondent Nos.1 and 2submits that appropriate Order to this effect may be passed.

5.Considering the submission of all learned counsel, itis directed that both the parties shall appear before the DRT-III at3.15 p.m. The DRT-III shall pass the order on the already heardInterim Application filed by the Petitioner, by 4.00 p.m.

6.Considering the peculiar facts of the case, we pass following order.