2019 NearLaw (BombayHC Nagpur) Online 993
Bombay High Court

JUSTICE R. K. Deshpande JUSTICE Vinay Joshi

Navnit Cars Pvt. Limited Vs. Debts Recovery Tribunal & Ors.

Writ Petition No.7772 of 2017

7th June 2019

Petitioner Counsel: Mr. G.L. Agrawal
Respondent Counsel: Mr. S.N. Kumar Mrs. Mugdha Chandurkar
Act Name:

The only prayer in this petition is, that the respondentDebts Recovery Tribunal (DRT) be directed to decide the application of the petitioner for deletion of its name from the proceedings of Original Application No566 of 2016 in IA No63 of 2017.
In view of the above, the petition stands disposed of with the directions as under :
The petitioner be permitted to add prayer clause in IA No63 of 2017 (Exhibit-17) within a period of one week from the date of first appearance of the parties before the DRT The DRT shall, thereafter, decide the application within a period of 8 weeks after hearing both the parties concern on its own merit and in accordance with the law by taking into consideration the contentions of the parties.
No order as to costs.

Section :

Cases Cited :

JUDGEMENT

R. K. Deshpande, J.

Rule. Rule is made returnable forthwith. Heard finally by consent of the learned Counsels appearing for the parties.

2. The only prayer in this petition is, that the respondentDebts Recovery Tribunal (DRT) be directed to decide the application of the petitioner for deletion of its name from the proceedings of Original Application No.566 of 2016 in I.A. No.63 of 2017. The petitioner has already filed written statement and also the application for deletion of the name. Though, we have seen that there is no prayer made for deletion of the name of the petitioner, the contents of the application itself sufficient in this regard.

3. In view of the above, the petition stands disposed of with the directions as under :

The petitioner be permitted to add prayer clause in I.A. No.63 of 2017 (Exhibit-17) within a period of one week from the date of first appearance of the parties before the DRT. The DRT shall, thereafter, decide the application within a period of 8 weeks after hearing both the parties concern on its own merit and in accordance with the law by taking into consideration the contentions of the parties.

4. Rule is made absolute in the above terms. No order as to costs.