M/S. Vaibhav Tiles And Pavers Through Its Prop. v. State Of Maharashtra Through Asstt. Registrar And ORS.

901.WPST.4965.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 4965 OF 2019 M/s. Vaibhav Tiles & Pavers ...

Petitioner V/s.

The State of Maharashtra & Ors.

...

Respondents Mr. Abhijit Pange i/b Ms. Sonal Dabholkar for the Petitioner. Mr. S.D. Rayrikar, A.G.P. for the State.

Mr. A.S. Khandeparkar a/w Mr. P.A. Sarankar i/b Sarwankar & Co. for Respondent No.2.

CORAM :

V.L. ACHLIYA, J.

DATE :

5th MARCH, 2019.

P.C. :

The undertaking of the Petitioner tendered is taken on record and mark as 'X' for identification.

By the undertaking filed, the Petitioner has agreed to pay the amount of Rs.1,28,00,810/- in seven installments. He has also issued postdated cheques in favour of Respondent No.2-Bank towards installments to be payable. The Respondent-Bank has also received first installment.

Waghmare 1/2

901.WPST.4965.19.doc Petitioner undertakes not to create any third party interest in respect of the properties which are mortgaged with Respondent No.2Bank, till the amount of Rs.1,28,00,810/- is paid to Respondent No.2Bank. Learned Counsel representing Respondent No.2-Bank, on instructions, submits that no coercive steps shall be taken to take over the possession of the mortgage assets if the Petitioner make the payment in terms of undertaking. In default of payment made, Respondent No.2Bank will be at liberty to take such necessary measure to recover the amount which remains due and payable.

The undertaking given by the Petitioner and statement made by learned Counsel representing Respondent-Bank are accepted. The Petition is disposed of in terms of undertaking and the statements made. (V.L. ACHLIYA, J.) Waghmare 2/2