Shri Hemant Kumar Tanwar vs Cholamandalam Investment And ...
2023 Latest Caselaw 9808 MP

                                                       1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                                AT INDORE
                                                   BEFORE
                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                      &
                                       HON'BLE SHRI JUSTICE HIRDESH
                                              ON THE 28 th OF JUNE, 2023
                                           MISC. PETITION No. 3505 of 2023

                           BETWEEN:-
                           1.    SHRI HEMANT KUMAR TANWAR S/O PREM
                                 TAWAR, AGED ABOUT 40 YEARS, R/O 46 BHAKT
                                 PRAHLAD NAGAR INDORE (MADHYA PRADESH)

                           2.    M/S NAKODA SALES CORPORATION THROUGH
                                 ITS  PROPRIETOR 75 MT CLOTH MARKET,
                                 WAREHOUSE, ANTIM CHOURAHA, INDORE
                                 (MADHYA PRADESH) THROUGH ITS PROPRIETOR

                           3.    PREM TANWAR S/O RATANLAL JI TANWAR,
                                 AGED ABOUT 56 YEARS, 46 BHAKT PRAHLAD
                                 NAGAR, INDORE (MADHYA PRADESH)

                           4.    PUSHPA TANWAR W/O SHRI PREM TANWAR,
                                 AGED ABOUT 56 YEARS, 46 BHAKT PRAHLAD
                                 NAGAR, INDORE (MADHYA PRADESH)

                           5.    SANJANA TANWAR W/O SHRI HEMANT TANWAR,
                                 AGED ABOUT 35 YEARS, 46 BHAKT PRAHLAD
                                 NAGAR, INDORE (MADHYA PRADESH)

                                                                              .....PETITIONERS
                           (SHRI PRATEEK PATWARDHAN, ADVOCATE)


                           AND
                           1.    CHOLAMANDALAM INVESTMENT AND FINANCE
                                 CO. LTD. THROUGH AUTHORIZED OFFICER M-8,
                                 M-9, M-10 MEZANINE FLOOR PLOT NO. 7 SCHEME
                                 NO. 54 PU 4 COMMERCIAL A.B. ROAD NEAR
                                 VIJAY NAGAR SQUARE INDORE (MADHYA
                                 PRADESH)

                           2.    ADDITIONAL   TEHSILDAR RAU, DIST. INDORE
Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-06-2023
05:52:35
                                                                 2
                                   (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (SHRI BHUWAN GAUTAM, GOVERNMENT ADVOCATE)


                                   This petition coming on for admission this day, JUSTICE SUSHRUT
                           ARVIND DHARMADHIKARI passed the following:
                                                                 ORDER

After arguing for some time, learned counsel for the petitioners seeks leave of this Court to approach DRAT for availing alternative remedy, till then status-quo be maintained.

In the light of judgment of the Apex Court in the case of M/s South

Indian Bank Ltd. & Ors. Vs. Naveen Mathew Philip and Anr. Etc. [2023 Livelaw (SC) 320], such prayer cannot be acceded to.

However, petitioners may avail the alternative remedy, as prayed for. With the aforesaid liberty, this petition is dismissed as withdrawn.

                             (S. A. DHARMADHIKARI)                                              (HIRDESH)
                                      JUDGE                                                       JUDGE
                           Aiyer




Signature Not Verified
Signed by: JAGADISHAN
AIYER
Signing time: 28-06-2023
05:52:35