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Bombay High CourtWP/7787/2022disposed off

Hotel Maredias. Pvt. Ltd And ORS v. Kotak Mahindra Bank Ltd

2022-11-11Hon'Ble Shri Justice K.R. Shriram,Hon'Ble Justice Shri Arif S. Doctor2 pages

Digitally signed by MEERA MAHESH JADHAV Date:

2022.11.11 16:45:45 +0530 1/2 914-wp-7787-22.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7787 OF 2022 Hotel Maredias Pvt Ltd. & Ors.

....Petitioners V/s.

Kotak Mahindra Bank Ltd.

...Respondent

---- Mr. Manoj P Mhatre a/w Mr. Amol Raut for Petitioners. Mr. Raja Uttam Shinde a/w Mr. Tamil Selvi Laxman, Mr. Nikhil Sakpal, Asst. Manager Legal for Respondent.

---- CORAM : K.R. SHRIRAM & A.S. DOCTOR, JJ DATED : 11th NOVEMBER 2022 P.C. :

Mr. Mhatre states that petitioners have complied with the undertaking recorded in the order dated 7th September 2022. Mr. Shinde agrees. Mr. Mhatre states that petitioners have approached respondent for amicable resolution of the matter. Mr. Shinde states it will be considered favourably since petitioners have fulfilled the undertaking given to the court. In view of the above, Mr. Shinde states that the notice issued under Section 13(2) of the SARAFESI Act has became infructuous and, therefore, respondent withdraws notice dated 20th July 2021 and all other notices are also withdrawn.

In view of the statement made by Mr. Shinde, Mr. Mhatre seeks leave of the court to withdraw the petition. Mr. Mhatre further states that petitioner will continue to pay the EMI without default. Statement Meera Jadhav

2/2 914-wp-7787-22.doc accepted.

Petition dismissed as withdrawn.

(A. S. DOCTOR, J.) (K.R. SHRIRAM, J.) Meera Jadhav