Indumati Nagindas Sanghvi vs Union Bank Of India And 2 Ors
2022 Latest Caselaw 7586 Bom

                                              1/2                      15-WP-3407-2019.doc




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         Digitally
         signed by
         PURTI
                          ORDINARY ORIGINAL CIVIL JURISDICTION
PURTI    PRASAD
PRASAD   PARAB
PARAB    Date:
         2022.08.06
         13:53:13
         +0530                WRIT PETITION NO. 3407 OF 2019

Indumati Nagindas Sanghvi                                        ....Petitioner
              V/s.
Union Bank of India and Ors.                            ...Respondents
                                     ----
Mr. Sharan Jagtiani, Senior Counsel a/w Mr. Karl Tamboly a/w Ms. Kausar
Banatwala a/w Ms.Surbhi Agarwal and Ms.Gauri Sakhardande i/b
Mr.Tushar Goradia for Petitioner.
Mr. Charles D'souza i/b Ms. N.I. Bakali for Respondent No.1.
                                     ----
                                CORAM : K.R. SHRIRAM &
                                            A.S. DOCTOR, JJ.

DATED : 3rd AUGUST 2022

P.C. :

1. After the petition was heard for some time, by consent

following order is passed :

(a) The order dated 29th October 2019 passed by DRAT and

the order passed by DRT dated 18 th December 2012 are

quashed and set aside.

(b) The matter is remanded to DRT to consider the

application filed by petitioner on merits and while

considering the application DRT will also consider the

grounds raised in this petition.

(c) All rights and contentions of the parties are kept open

except maintainability.

(d) Should petitioner wish to amend the Securitization

Application, petitioner may amend the Securitization Purti Parab 2/2 15-WP-3407-2019.doc

Application within three weeks from today. Further reply if

any, to be filed within three weeks thereafter.

(e) The DRT is directed to dispose the application within

six months, subject to its convenience.

(f) Notwithstanding what is recorded above, if respondent

places before the DRT any judgment which clearly indicates

the jurisdiction of DRT is barred for considering the

Securitization Application, the DRT may consider those

judgments and pass such order as it deems fit.

2. Ad-interim relief granted by this court on 11 th December 2019

will continue for 60 days after disposal of the Securitization Application by

the DRT.

3. Petition disposed.

4. We clarify that we have not made any observations on the

merits of the matter.

(A.S. DOCTOR, J.) (K.R. SHRIRAM, J.)

Purti Parab