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Bombay High CourtCAW/627/2017rejected

Arvind Pandurang Patil v. The C.K.P. Co-Operative Bank Ltd. And ORS.

2017-08-01Hon'Ble Shri Justice K.K. Tated2 pages

Yadav VG 1 13.caw.627.17.odt.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPEALLATE JURISDICTION CIVIL APPLICATION NO. 627 OF 2017 IN WRIT PETITION NO. 12861 OF 2015 Arvind Pandurang Patil .. IN THE MATTER BETWEEN.. The C.K.P. Co-operative Bank Ltd. ..Vs.. Divisional Joint Registrar & Ors.

Office Notes, Office Memorandam of appearances, Court's orders or directions & Registrar's orders.

Court's or Judge's orders Mr. Yash Y. Tiwari I/by. K. P. Tiwari & Co. for Applicant.

Mr. Kunal Bhanage for Petitioner.

Mr. S. D. Rayrikar, AGP for State.

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CORAM

: K. K. TATED, J.

DATE : AUGUST 01, 2017.

P.C. :

.

Heard learned Counsel for parties.

2.

This application is preferred by the original Respondent No. 6 - Guarantor for restraining the Respondent No. 1 - Bank from taking any action against them pursuant to the notice of possession dated 6th March, 2017.

3.

The learned Counsel Mr. Tiwari appearing on behalf of Applicant submit that let the Bank to recover the entire amount from the original borrower.

Yadav VG 2 13.caw.627.17.odt. 4.

It is to be noted that in the present proceedings possession notice issued by the Bank dated 6th March, 2017 shows that sum of Rs. 5,33,34,584/- Plus interest on that amount is to be recovered.

5.

During the course of argument, Court has called upon the Advocate for Applicant as to whether he is ready and willing to deposit some amount in Court, he shown his inability to do so.

6.

Considering these facts, Civil Application stand rejected.

(K.K.TATED, J.)