DEEPAK KANUBHAI VAKHARIYA Vs. DISTRICT MAGISTRATE
LAWS(GJH)-2016-1-11
HIGH COURT OF GUJARAT
Decided on January 07,2016

Deepak Kanubhai Vakhariya Appellant
VERSUS
DISTRICT MAGISTRATE Respondents

JUDGEMENT

- (1.) Heard learned advocate Mr.Vishal Dave for the petitioners and learned advocate Mr.Narendra Khare for respondent No.2. 1.1 The petitioners have prayed in this petition for refund of Rs.05,00,000/ - along with interest, deposited before this Court as per order dated 04th May, 2015 passed in Special Civil Application No.4837 of 2015.
(2.) It appears that Special Civil Application No.4837 of 2015 was filed by the present petitioners before this Court challenging the action of respondent -Bank taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
(3.) On 04th May, 2015, this Court while issuing notice, passed the following order. "Learned advocate for the petitioners, under instructions, states that the petitioners are ready and willing to deposit a sum of Rs.5,00,000/ - with the Registry of this Court to prove their bonafide. Petitioners shall deposit the aforesaid amount latest by 08.05.2015. After the said amount is deposited by the petitioners with the Registry of this Court within the stipulated time, NOTICE returnable on 08.06.2015. Status -quo, as prevailing today qua position of the property in question, to be maintained till the returnable date, only on the aforesaid condition of deposit by the petitioners. Direct service permitted." 3.1 It further appears that said petition came to be disposed of by order dated 11th August, 2015, reading as under. "Mr.Vishal J. Dave, learned advocate, for Ms.Hiral U. Mehta, learned advocate for the petitioners, states that as Securitisation Application No.124 of 2013 filed by the petitioners is pending before Debts Recovery Tribunal, this petition is not pressed on merits. It is clarified that this Court has not expressed any opinion on merits and the Debts Recovery Tribunal shall not be influenced by the fact that the present petition is withdrawn. Petition stands disposed of as withdrawn. NOTICE discharged. Ad -interim relief stands vacated. No costs." ;


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