Shri. Satish Baburao Bhosale v. The State Of Maharashtra Through Its Principal Secretary And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2818 OF 2017 ...

Shri Satish Baburao Bhosale ....Petitioner V/S The State of Maharashtra & Ors.

....Respondents ...

Mr. Nilesh Wable i/b Mr. Dilip B. Shinde for the Petitioner. Mrs. K.R. Kulkarni, AGP for the Respondent Nos.1 to 4. Mr. Amit B. Borkar for the Respondent No.5-Bank. ...

CORAM : A.A. SAYED & V.L. ACHLIYA, JJ.

DATE : 17 JANUARY 2018.

ORDER:

Learned Counsel for the Petitioner states that he has no instructions. Learned Counsel for the Respondent No.5-Bank has pointed out the order dated 7 March 2017 of this Court (Coram: R.M. Borde & A.S. Gadkari, JJ.) which reads as follows:

".

The Petitioner has already handed over the cheque dated 10th March, 2017 for an amount of Rs.26,50,000/-. We grant 15 days time to the Petitioner to ensure payment of amount under the cheque which has already been handed over to the RespondentBank. The Petitioner shall ensure that the amount recorded in the cheque is realised by the Respondent-Bank.

2.

The learned Counsel appearing for Respondent-Bank informs that the auction in respect of the residential property is prescribed today. The auction proceedings may go on, however, 1/2

k 2/2 906 wp 2818.17 as.doc the same shall not be finalised. The Respondent-Bank shall not put the auction purchaser in possession of the property and shall also not issue the sale certificate.

3.

Stand over to 21st March, 2017."

Learned Counsel for the Respondent No.5-Bank submitted that the aforesaid cheque dated 10 March 2017 of Rs.26,50,000/- has returned dishonoured.

In the circumstances, considering the conduct of the Petitioner, we decline to entertain the Petition. The Petition shall stand dismissed. It is clarified that the Respondent Bank shall be free to take possession of the premises in question without making a fresh Application under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the time granted by the impugned order dated 7 January 2017 of the District Collector, Kolhapur shall stand extended for further period of two months from today. (V.L. ACHLIYA, J.) (A.A. SAYED,J.) katkam 2/2