Rameshchandra O. Menaria v. Union Of India , Through Ministry Of Law And ORS.

12.WP.1290.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1290 OF 2018 Rameshchandra O. Menaria ... Petitioner V/s.

Union of India Through Ministry of Law & Ors.

... Respondents Mr. Ozair Kazi i/b a/w Mr. Asif Khan i/b Yogendra M. Kanchan for the Petitioner.

Mr. Mohamedali M. Chunawala a/w Mr. Ashok R. Verma i/b Mr. A.A. Ansari for Respondent No.1.

Mr. Fraser Alexander i/b Majmudar & Partners for Respondent No.2. CORAM : A.A. SAYED AND V.L. ACHLIYA, JJ.

DATE : 13th MARCH, 2018.

P.C. :

It is not in dispute that in pursuance of the order dated 05.02.2018, the Petitioner has deposited the entire amount of Rs.37,50,000/-. While accepting the statement of the learned Counsel for Respondent No.2 Bank that the title documents shall be handed over by Respondent No.2 Bank to the Petitioner within a period of two weeks from today, we dispose of the Petition.

Waghmare 1/2

12.WP.1290.18.doc The Respondent No.2 Bank shall upon the handing over the title deeds in respect of the flat in question be free to withdraw the said amount deposited in this Court with accrued interest, if any. The subject flat shall now stand discharged from the charge created by Respondent No.2 Bank. Respondent No.2 Bank shall be free to proceed in respect of the other secured assets.

(V.L. ACHLIYA, J.) (A.A. SAYED, J.) Waghmare 2/2