Bombay High Court
M/S Ashok Textiles Prop Of Shirmal ... vs State Of Maharashtra Throu. Govt ... on 3 September, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:35406-DB
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.10747 OF 2024
1. M/s. Ashok Textiles, ]
Padma Nagar, Bhiwandi, Thane ]
2. Mr. Shrimal Yamuna Madusadan, ]
Proprietor of M/s. Ashok Textiles, ]
R/of Bhiwandi, Dist. Thane ] .. Petitioners
Versus
1. State of Maharashtra, ]
Through Office of Government Pleader ]
2. GP Parsik Sahakari Bank Ltd., ]
Parsik Nagar, Kalwa, Thane ] .. Respondents
Mr. Sanjay Anabhawane, Advocate for the Petitioners.
Mr. M.M. Pabale, Assistant Government Pleader for Respondent No.1-
State of Maharashtra.
Mr. Sachin A. Koli, Advocate for Respondent No.2.
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 3RD SEPTEMBER, 2024.
ORAL JUDGMENT : { Per A.S. Chandurkar, J. }
1. Rule. Rule made returnable forthwith and heard learned counsel for
the parties.
2. The petitioners being aggrieved by the order dated 14 th December
2023 passed by the Debts Recovery Tribunal-III in Securitization
Application No.519 of 2023, requiring the petitioners to deposit an
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amount of Rs.25 lakhs within stipulated time, challenged that order by
approaching the Debts Recovery Appellate Tribunal. By way of pre-deposit,
the petitioners were directed to deposit a sum of Rs.35 lakhs by the Debts
Recovery Appellate Tribunal. Since the schedule for making such payment
towards pre-deposit had not been adhered to, the petitioners sought
extension of time to make such deposit. The Debts Recovery Appellate
Tribunal finally extended the time on 14 th March 2024 and directed the
petitioners to deposit a sum of Rs.10 lakhs within a period of two weeks
from that date. On 1st April 2024, the appeal came to be dismissed as the
petitioners failed to deposit the aforesaid amount. The petitioners sought
restoration of the appeal. While allowing that application, the Debts
Recovery Appellate Tribunal directed the petitioners to deposit a sum of
Rs.10 lakhs more towards the loan account within a period of two weeks
which was before 10th July 2024. Being aggrieved, the petitioners have
approached this Court.
3. We have heard the learned counsel for the parties and we have
perused the documents on record. Though it is urged by the learned
counsel for the petitioners that the Debts Recovery Appellate Tribunal was
not justified in imposing costs of Rs.10 lakhs for restoration of the appeal,
we find that the deposit of Rs.10 lakhs in addition to the amount of pre-
deposit is not by way of costs but is to be deposited in the petitioners' loan
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account. This is clear from paragraph 7 of the said order dated 26 th June
2024 passed in Miscellaneous Application No.53 of 2024 in Appeal on
Diary No.2366 of 2023, which reads as under :-
"7. Considering the total amount of debt due, the
appellants are directed to deposit a sum of Rs.10 lakhs
more towards the loan account due directly to the
Bank within two weeks i.e. on or before 10.07.2024."
4. It is thus clear that as a condition for restoration of the appeal,
further amount of Rs.10 lakhs is required to be deposited in the
petitioners' loan account maintained by the Bank. We do not find in the
facts of the present case that the Debts Recovery Appellate Tribunal was
not justified in passing such order. Admittedly, there was delay in
depositing the amount of pre-deposit. We therefore do not find any reason
to interfere in the said order.
5. The learned counsel for the petitioners however submits that a short
time be granted to make such deposit. Accordingly, subject to the order
dated 26th June 2024 being complied with within a period of two weeks
from today, the proceedings in the appeal shall stand restored for being
decided on merits. It is made clear that no prayer for further extension of
time at the behest of the petitioners shall be entertained. Keeping all
points on merits open, the writ petition is disposed of in aforesaid terms.
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6. Rule accordingly. No costs. Parties to act on authenticated copy of
this order.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
Digitally
SNEHA
SNEHA ABHAY 906-WP-10747-2024.doc
ABHAY DIXIT Dixit
DIXIT Date:
2024.09.04
10:12:57
+0530
