Karamshi Tethlala Nakhua And ANR v. The Vishweshwar Sahakari Bank Ltd And ORS

902.WPST.16470.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 16470 OF 2018 Karamshi Tethlala Makhua & Anr.

... Petitioners V/s.

The Vishweshwar Sahakari Bank Ltd. & Ors.

... Respondents Mr. Sunil Humbre a/w Mr. Shashank Thatte and Mr. Ranjit Agashe for the Petitioners.

Mr. Arjun Patil i/b Law Global for Respondent No.1. Mr. Karamshi Tethlala Makhua, Petitioner No.1 present in Court. CORAM :

A.A. SAYED AND V.L. ACHLIYA, JJ.

DATE :

14th JUNE, 2018.

P.C. :

Learned counsel for the Petitioners on instructions from Petitioner No.1, who is present in Court, states that physical possession of one of the secured asset viz. Shop cum Godown No. D-13 in Block No.D on Ground floor + Mezzanine Floor in MAPMC Market II, Phase II, Plot No.2, Sector 19, out of Gat No.796, Village Turbhe Tal. & Dist. Thane, Navi Mumbai-400703, shall be handed over to Respondent Bank tomorrow at 12.00 noon.

Waghmare 1/2

902.WPST.16470.18.doc The Undertaking to the above effect shall be filed by the Petitioners during the course of today.

The Respondent Bank shall defer taking possession of the residential flat No.307 3rd Floor, Bldg. No.R-2/5 Fiorello Nahar Amrut Shakti Complex, Chandivali, Mumbai-400072, for a period of three weeks from today.

Subject to the above, the Petition is allowed to be withdrawn, with liberty to the Petitioners to approach the DRT, Mumbai. We make it clear that DRT would be free to pass appropriate orders as it deems fit.

(V.L. ACHLIYA, J.) (A.A. SAYED, J.) Waghmare 2/2