Mr. Shankar Maruti Tidke v. The Mahanagar Co-Operative Bank Ltd. And ANR.

905-WPL-4203-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (L) NO. 4203 OF 2019 Mr. Shankar Maruti Tidke

...Petitioner

Versus

The Mahanagar Co-operative Bank Limited & Anr.

...Respondents

---------- Mr. Tapan Agrawal, a/w Mr. Ameya Kulkarni, for the Petitioner. Mr. P.A. Sarwankar, i/b Sarwankar & Co., for the Respondent No. 1.

---------- CORAM :

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

DATE : 8 February 2019 ORDER :

1.

Conditional upon the Petitioner filing an Undertaking in this Court to deposit the balance amount of Rs. 1 / 2 February 8, 2019

905-WPL-4203-19.doc 4,72,000/- with the Respondent-Bank (in terms of the order dated 11th January 2019 of D.R.T.) by 1st March 2019, the Petitioner is permitted to retain possession of the secured asset in question until the disposal of the Securitisation Application. 2.

The Undertaking shall specifically state that in the event the aforesaid amount is not deposited, the Petitioner shall voluntarily and without demur handover possession of the secured asset on 1st March 2019 by 5.00 p.m.

3.

The Petition is disposed of in the above terms. 4.

It is made clear that in the event the undertaking is not filed by 5.00 p.m. today, the benefit of this order shall not be available to the Petitioner.

[RIYAZ I. CHAGLA J.] [A.A. SAYED, J.] 2 / 2 February 8, 2019