Bara Machines Private Limited vs State Bank Of India
2021 Latest Caselaw 2419 Guj

        C/SCA/3057/2021                                  ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

          R/SPECIAL CIVIL APPLICATION NO. 3057 of 2021

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                   BARA MACHINES PRIVATE LIMITED
                               Versus
                        STATE BANK OF INDIA
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Appearance:
THAKKAR AND PAHWA ADVOCATES(1357) for the Petitioner(s) No. 1,2
for the Respondent(s) No. 1,10,11,2,3,4,5,6,7,8,9
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                          Date : 16/02/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

This petition is directed against judgment and order dated 09th April, 2019 passed by the Debts Recovery Tribunal­I, Ahmedabad in OA No.239 of 2015. The petitioner herein was defendant No.8 before the Debts Recovery Tribunal.

2. In course of the hearing, when learned senior advocate Mr.Navin K. Pahwa for Thakkar and Pahwa Advocates for the petitioners was confronted with the query and the aspect that against the order impugned in the present petition, a statutory remedy of appeal is available and that such appeal would lie before the appellate tribunal under Section 20 of the Recovery of Debts and Bankruptcy Act, 1993, learned senior advocate for the petitioners was entirely at his receiving end.

C/SCA/3057/2021 ORDER

3. Learned senior advocates for the petitioners, however and nonetheless stated that petitioners would opt to move an application before the Debts Recovery Tribunal, Ahmedabad. For such purpose, he prayed for permission to withdraw the present petition.

4. The permission as prayed for to withdraw the petition is granted.

4.1 It is, however, made clear that in permitting such withdrawal for such purpose, we have not expressed any opinion on merits of or in respect of or on the nature of the application which the petitioners have proposed to file as per the statement of learned senior advocate.

5. Accordingly, the present petition stands disposed of as withdrawn.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi