Coventry Springs And Engineering ... vs Assets Reconstruction Company Of ...
2019 Latest Caselaw 75 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION

                           WRIT PETITION NO. 2557 OF 2018

Conventry Springs and Engineering Company Ltd.
And Ors.                                                       ...Petitioners
          Vs.
Assets Reconstruction Company of India Ltd.
And Ors.                                              ...Respondents
                                    ---
Mr. Umesh Shetty a/w Sharila D'souza, Gopalkrishna Nayak I/by Flavia
Legal for the Petitioners.
Adv. S.N. Kumar and Adv. Meghnath Navlani I/by Kumar & Co for
Respondent No. 1.
Mr. M.G. Bhangde, Senior Advocate, Mr. S. Mukherjee, Mr. R. Bhangde, Mr.
Adv. A. Agarwalla, Mrs. Meena Kshirsagar for the Respondent No. 2.
Mr. Milind Ghodke I/by V.K. Wasnik for Respondent No. 3.

                                         ----
                                          CORAM : A.A. SAYED, &
                                                  PRAKASH D. NAIK, JJ.

                                          DATE      : 17th JUNE 2019
P.C.:

1.               The       Petition impugns the order of DRAT, Mumbai dated

30.05.2018.

2. It is an admitted position that the original proceedings i.e.

TSA No.73 of 2010 was disposed of by the DRT, Nagpur.

3. There were atleast five Writ Petitions (Writ Petition No. 5005 of

2012, Writ Petition No. 1006 of 2014, Writ Petition No. 3574 of 2014, Writ

Petition No. 5006 of 2014 and Writ Petition No. 4683 of 2017) filed by the

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Respondents at Nagpur Bench of the Bombay High Court and the Petitioners

have participated in the said proceedings. Moreover, the Petitioners had

also filed Review Application before the Nagpur Bench of the Bombay High

Court, seeking review of the order dated 9 March 2015 passed in Writ

Petition No.5005 of 2012.

4. In view of the above, notwithstanding the fact that this Court

may also have jurisdiction, we are not inclined to entertain the present Writ

Petition at the principal Bench of the Bombay High Court. It is required to

be noted that the order dated 30 May 2018 of DRAT, Mumbai impugned in

the present Writ Petition is passed pursuant to the order of remand of the

Nagpur Bench of the Bombay High Court in Writ Petition No.4683 of 2017.

5. The Writ Petition is disposed of with liberty to the Petitioners to

approach the Nagpur Bench of the Bombay High Court to challenge the

impugned order dated 30 May 2018 of DRAT, Mumbai. The ad-interim

relief staying the impugned order dated 30 May 2018 of the DRAT, Mumbai

shall operate for a further period of six weeks from today.

       (PRAKASH D. NAIK, J)                                  (A.A. SAYED, J.)




Umesh Malani