M/S. Joyo Plastics Through Partner v. Bank Of Maharashtra Ltd. And ORS.

905-WPST-1887-2019.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 1887 OF 2019 M/s. Joyo Plastics Through Partner ... Petitioner V/s.

Bank of Maharashtra & Ors.

... Respondents Mr. Prasad Shenoy, Mr. Naresh Chheda i/b. Mr. Vikrant Shetty for the Petitioners.

Mr. O.A. Das, for Respondent Nos.1 and 2.

CORAM:

A.A.SAYED & RIYAZ I. CHAGLA, JJ.

DATE:

22ND JANUARY, 2019.

PC:- 1.

By consent of learned Counsel for the parties, we pass the following order:- a) Conditional upon the Petitioner paying Rs.6,75,000/- (being double the amount of the rent agreed under the lease deed, for the period from 1st February, 2019 to 15th March, 2019) by 1st February, 2019, the impugned order dated 27th October, 2018 is modified to extent that the Petitioner is permitted to continue to occupy the secured asset viz. land and factory building situated at CTS No.222, admeasuring about 4320 Sq. mtrs. situated at village Dabhel, near OIDC Office, Opp. Dabhe Talao, Nani Daman 1/2

905-WPST-1887-2019.DOC and shall handover vacant and peaceful possession of the same by 15th March, 2019 (instead of 31st January, 2019). b) The rest of the directions in the order dated 27th October, 2018 shall continue to operate including taking over forceful possession on 16th March, 2019 (instead of 1st February, 2019) without further orders from this Court or Tribunal. c) We record the statement of the learned Counsel for the Petitioner that no further extension of time to vacate shall be sought.

d) The Petition is disposed of in the above terms. ( RIYAZ I. CHAGLA J. ) (A.A.SAYED, J.) 2/2