Chabbu W/O. Jagannath Borikar vs Union Of India Thr. Ministry Of ...
2021 Latest Caselaw 5680 Bom

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                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           NAGPUR BENCH AT NAGPUR

                               WRIT PETITION NO. 1396 OF 2021

     PETITIONERS: 1. Smt. Chabbu w/o Jagannagth Borikar,
                     aged - 56 years, Occ. Business

                               2. Shri Jagannath s/o Vasantrao Borikar,
                                  aged 65 years, Occ. Retired.

                               3. Miss. Swati d/o Jagannath Borikar,
                                  Aged 33 years, Occ. Business,

                                  All R/o. Plot No.1, Yash Housing Society,
                                  Gajanan Nagar, Behind Balaji Mandir,
                                  Besa, Nagpur-440 034.

                                              ...VERSUS...

     RESPONDENTS: 1. Union of India,
                     through Ministry of Finance,
                     through its Secretary, New Delhi.

                                2. The Registrar,
                                   Debts Recovery Tribunal,
                                   2nd Floor, "B" Wing, CGO Complex,
                                   Seminary Hills, Nagpur.

                                3. The Authorised Officer,
                                   India Shelter Finance Corporation Ltd.,
                                   Plot No. 210, Tiranga Chowk, Cement Road,
                                   Above Union Bank of India, Nandanvan,
                                   Nagpur.

     ----------------------------------------------------------------------------------------------
                       Shri Rohan Chandurkar, Advocate for petitioners
                       Shri Bhushan Dafle, Advocate for respondent No.3
     ----------------------------------------------------------------------------------------------


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                                      CORAM : SUNIL B. SHUKRE AND
                                              AVINASH G. GHAROTE, JJ.

DATE : 25/03/2021.

ORAL JUDGMENT (PER : SUNIL B. SHUKRE, J.)

1] Heard Shri Chandurkar, learned counsel for the

petitioners and Shri Dafle, learned counsel, who appears by waiving

notice for the respondent No. 3. Hearing is conducted through Video

Conferencing and all the learned Advocates agreed that the audio

and visual quality was proper.

2] Rule. Rule made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

3] We have already passed a detailed order on 19.03.2021

when interim relief was granted to the petitioners. The facts noted

therein are not in dispute and therefore, the issue involved in this

petition would be squarely covered by the view taken by this Court in

Writ Petition No. 1376/2021 ( Shri Jaidev Laxmidas Panchmatia and

another vrs. The Authorized Officer, Union Bank of India, Nagpur ),

decided on 17.03.2021.

wp1396.21.odt

4] Accordingly, we partly allow the petition. The incharge

DRT, Mumbai, is requested to grant virtual or physical hearing as per

convenience and the rules at the earliest to the petitioners and

urgently hear the interim application filed by the petitioners and

decide it in accordance with law, within a period of two weeks from

the date of the order. We further direct that the public auction of the

subject properties now be postponed to a convenient future date,

which may possibly be after three weeks from the date of this order

so as to give sufficient time to the Incharge D.R.T. Mumbai, to decide

the interim application in accordance with law.

     5]                Rule accordingly. No costs.




                       JUDGE                                          JUDGE

     Rvjalit