Authum Investment And Infrastructure ... vs Shakuntalam Landcraft Private Limited
2023 Latest Caselaw 11942 Bom

Bombay High Court

Authum Investment And Infrastructure ... vs Shakuntalam Landcraft Private Limited on 30 November, 2023

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

     2023:BHC-OS:14019-DB


                                                                                     18 wpl 33129-23.doc



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

                                              WRIT PETITION (L) NO. 33129 OF 2023

LAXMI
                      Authum Investment & Infrastructure Ltd.                                   .. Petitioner
SUBHASH
SONTAKKE
Digitally signed by
                              Versus
LAXMI SUBHASH
SONTAKKE
Date: 2023.12.01
11:34:39 +0530        Shakuntalam Landcraft Pvt. Ltd.                                           .. Respondents

                           Mr. Pratik Seksaria, Senior Counsel a/w Vivek Patil i/b. Vivek Patil &
                           Associates for the Petitioner.

                           Mr. Rajesh Nagory a/w Aayush Kothari & Nikhil Rajani i/b. M/s. V.
                           Deshpande & Co. for Respondent No.1.

                           Mr. Bhalchandra Palav a/w Aniket Dighe & Kaveri Narkar i/b. Bhal &
                           Co. for Respondent Nos. 2 and 3.

                           Mr. Mandar Soman i/b. Vivek V. Phadke for Respondent No.6.



                                               CORAM            : B. P. COLABAWALLA &
                                                                 SOMASEKHAR SUNDARESAN, JJ.

                                               DATE             : NOVEMBER 30, 2023

                      P. C.


                      1.              Mentioned. Taken out of turn.

2. The above Writ Petition is filed seeking to quash and set aside

the Judgment and Order dated 24 th November, 2023 passed by the learned

Presiding Officer, DRT-II, Mumbai in Appeal (D) No. 2208 of 2023 in

NOVEMBER 30 2023 Laxmi

18 wpl 33129-23.doc

Transferred Recovery Proceedings No.2 of 2023 [Recovery Proceeding No.1

of 2012] in Original Application No. 162 of 2002. The reason why the present

Writ Petition is filed challenging the order of the DRT-II is because the DRAT

is currently on leave and would be resuming work only on Monday i.e. 4 th

December, 2023. By the impugned order, the DRT has directed the Recovery

Officer to confirm the sale of Plot No. A-1 situated at Surajpur Industrial

Area, Noida, Dadri Road, Greater Noida, Dist. Gautamnagar, Uttar Pradesh-

203 207, in favour of Respondent No.1[Shakuntalam Landcraft Pvt. Ltd.].

3. We are informed that the Petitioner herein has already filed an

Appeal before the DRAT challenging the order of DRT-II, Mumbai. Once this

is the case, we dispose of the above Writ Petition by clarifying that if the sale

is confirmed by the Recovery Officer [pursuant to the directions given by the

DRT], the same shall be subject to the outcome of the Appeal filed by the

Petitioner before the DRAT.

4. We would request the DRAT, time permitting, to hear the Appeal

filed by the Petitioner as expeditiously as possible.

5. The above Writ Petition is accordingly disposed of. No order as

to costs.

NOVEMBER 30 2023 Laxmi

18 wpl 33129-23.doc

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.

[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

NOVEMBER 30 2023 Laxmi