Mr. Rahul Dilip Pradhan And ORS v. Adarsh Credit Co-Operarative Bank Ltd. And ORS
Rajeshri Aher 1/2 906 wp 605 of 2023(2).doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 605 OF 2023 Rahul Dilip Pradhan and Ors.
...Petitioners
V/s.
Adarsh Credit Co-operative Bank Ltd. And Ors.
...Respondents
....
Ms.Swatantri Waghmare, Advocate for Petitioners. Mr.Kalpesh Patil a/w Mr.Prashant P. Raul, Advocates for Respondent No.1 Mr.Pritesh C. Naik a/w Mr.Subhash S. Mali, Recovery Officer Respondent No.1.
Mr.Rahul Dilip Pradhan, Petitioner Present.
....
CORAM
:K. R. SHRIRAM & RAJESH S PATIL, JJ.
DATED :18th JANUARY 2023 P.C.:
Without going into the merits of the matter, Ms.Waghmare, on instructions from Petitioner No.1 who is present in Court, undertakes to pay a sum of Rs.6 lakhs by 31st January 2023, a further sum of Rs.10 lakhs by 28th February 2023, and a sum of Rs.1,42,312/- by 15th March 2023. According to Ms.Waghmare, if there had not been a default, the total amount payable would have worked Digitally signed by RAJESHRI PRAKASH AHER Date:
2023.01.30 19:30:01 +0530 RAJESHRI PRAKASH AHER This order is corrected vide Speaking to the Minutes order dated 24.01.2023
Rajeshri Aher 2/2 906 wp 605 of 2023(2).doc out to Rs.17,42,312/- by 31st March 2023. Ms.Waghmare states that if these amounts are paid, Respondent No.1 should also regularise the account and continue the relationship.
Mr.Patil for Respondent No.1, on instructions from Mr.Pritesh C. Naik and Mr.Subhash S. Mali, Recovery Officer of Respondent No.1, unconditionally accepts the proposal made by Ms.Waghmare. Of course, Mr.Patil places a rider that if there is even one default, Respondent No.1 will proceed with taking possession of the mortgaged property by giving only 24 hours notice recording therein the default committed.
In view of the undertaking recorded in paragraph No.1 above, Mr.Patil states that Respondents will not act on the impugned notice dated 27th December, 2022.
Petition disposed.
Petitioner is put to notice that no further Petition will be entertained and no extension will be granted. (RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.) This order is corrected vide Speaking to the Minutes order dated 24.01.2023