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Bombay High CourtWP/669/2021disposed off

Pravin Pandurang Shinde v. Housing Development Finance Corporation Limited Through Its Authorised Officer And ANR.

2022-03-15Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Abhay Ahuja2 pages

SRS 1-WP-669-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by YUGANDHARA SHARAD PATIL Date:

2022.03.17 10:41:27 +0530 YUGANDHARA SHARAD PATIL WRIT PETITION NO. 669 OF 2021 Pravin Pandurang Shinde .. Petitioner V/s Housing Development Finance Corporation Limited, Pune & Ors.

.. Respondents ******* Mr. Pravin Pandurang Shinde - Petitioner - in person present in Court.

Mr. Mayur Khandeparkar - Amicus Curiae.

Mr. Vishal Tambat for the Respondent - 1 - HDFC. Mrs. Minakshi Singh for the Respondent - HDFC. ******* CORAM: A. A. SAYED & ABHAY AHUJA, JJ.

DATE : 15th MARCH 2022 P.C. :- 1.

By consent of the Petitioner who is appearing in person, learned Counsel for the Respondent-Bank (on instruction from Smt.Minakshi Singh) and the learned Amicus Curiae, we pass the following order :

ORDER

(i) Upon the Petitioner paying the sum of Rs.26,324/- to the Respondent - Bank, the Respondent Bank shall within 48 hours handover possession of the "Flat No.10, 1/2

SRS 1-WP-669-2021.doc Mihir Apartments, Plot No.144, CTS No. 6274, Near Masulkar Colony, Behind Master Bakefood, Pune - 411018" to the Petitioner.

(ii) The Respondent-Bank shall handover the title deeds of the said flat along with 'No Dues Certificate' to the Petitioner at the time of handing over possession of the said flat to the Petitioner.

(iii) The Petitioner shall withdraw the First Appeal No.A/17/ 1484 pending in State Consumer Disputes Redressal Commission, Maharashtra, Mumbai, Circuit Bench at Pune, within one week from the date of being handed over possession of the said flat.

(iv) The account of the Petitioner with the Respondent Bank shall be closed and both the parties shall have no claim against each other.

2.

The Petition to stand disposed of in the aforesaid terms. We record our appreciation for the able assistance rendered by Amicus Curiae, Mr.Mayur Khandeparkar.

(ABHAY AHUJA, J.) (A. A. SAYED, J.) 2/2