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2018 Supreme(Guj) 1222

MOHINDER PAL, A.C.RAO
BANK OF BARODA – Appellant
Versus
PIONEER GLOBEX PRIVATE LIMITED – Respondent


Advocates Appeared:
For the Petitioner:Mr. Bhaskar Sharma, Advocate with Mr. Ankit Shah.
For the Respondent:Mr. I.H. Saiyed, Senior Advocate with Mr. Prithu Parimal.

JUDGMENT :

A.C. RAO, J.

1. RULE. Mr. Prithu Parimal, leaned advocate waives service of notice of rule on behalf of the respondent Nos.1 to 7.

2. At the request of the learned counsel for the respective parties and in the facts and circumstances of the case, present petition is taken up for final hearing.

3. By way of this petition under Article 226/227 of the Constitution of India, the petitioner has prayed for the following reliefs:-

“[A] To issue a writ of Mandamus or any other suitable writ, order or direction to quash and set aside order dated 04.12.2018 passed by the Hon’ble Debts Recovery Appellate Tribunal, Mumbai (hereinafter referred to as “the DRAT”) in Appeal No.33/2018.

[B] To stay the operation of the impugned order dated 04.12.2018 passed by the Hon’ble Debts Recovery Appellate Tribunal, Mumbai in Appeal No.33 of 2018, pending hearing and final disposal of this Special Civil Application.

[C] To direct the Hon’ble D.R.A.T., Mumbai not to release Rs.12 Crores along with interest as kept in FDR which were deposited by the respondents on 04.05.2018 pending hearing and final disposal of this Special Civil Application.

[D] To direct the Hon’ble D.R.A.T., Mumbai to release Rs.12 Cro





















































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