1. By way of this petition, the petitioner has prayed for the following reliefs :-
"[a] To allow this petition and issue a writ of mandamus or any other writ, direction or order in the nature of writ, as may be deemed to be appropriate, quashing and setting aside the action of the respondent Bank to credit the entire amount of Rs.7.00 lacs towards interest only and failure/omission to give credit on pro rata basis towards the principal amount due.
[b] & [c] ....... "
2. Heard learned counsel for the respective parties. Considering the facts of the case, and in view of the fact that the matter is sub judice before the appellate authority, it will not be appropriate for this Court to issue any directions. Hence, the petition is misconceived and the same deserves to be dismissed. However, it is observed that if any transaction is made pending the appeal, it will be open for the either side to raise all the contentions including the order passed by the Division Bench of this Court before the appellate authority.
3. In view of the above, the petition is dismissed. Notice is discharged.
[K.S.
JHAVERI, J.] /phalguni/ Top