Mamta Ajay Phansekar v. The C.K.P Co-Operative Bank Ltd. And ANR.

(40) wp-2145.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2145 OF 2017 Mamta Ajay Phansekar : Petitioner.

versus The C.K.P. Co-operative Bank Ltd. & anr.

: Respondents.

Ms. Shirin Shaikh i/by Raval Shah & Co. for the Petitioner. Mr. B V Samant for the Respondent Nos.1 and 2. CORAM :

R. M. SAVANT, J.

DATE :

14th March 2017 P.C.

The Notices dated 01/02/2017 demanding possession from the Petitioner are taken exception to by way of the above Petition. The Petitioner has also sought a direction that the Respondent Nos.1 and 2 may be directed not to take any steps for taking possession of the residential Flats Nos.1 and 3 situated in Hariprabha Society, Ground Floor, D S Babrekar Lane, Gokhale Road, Dadar (West), Mumbai 400028.

The learned counsel for the Respondent Nos.1 and 2 i.e. the Bank, which has two Certificates both dated 17/08/2012 under Section 101 of the Maharashtra Co-operative Societies Act against the Petitioner for the sum of Rs.34,41,323/- and 64,65,125/-, states that the possession of the flats in question would be taken by following the due process of law as contemplated by Rule 107 of the Maharashtra Co-operative Societies Rules, 1961. Statement accepted.

lgc

(40) wp-2145.17 In view of the aforesaid statement of the learned counsel for the Respondents, there is no warrant to keep the above Petition pending. The above Writ Petition to accordingly stand disposed of. [R.M.SAVANT, J] lgc