Vilas Babaji Sawant v. Janata Sahakari Bank Ltd. Thr Its Special Recovery Officer And ORS

1 4-WP 10704-22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10704 OF 2022 Vilas Babaji Sawant ... Petitioner Vs.

Janata Sahakari Bank Limited, Thr. Its Special Recovery Officer and Ors.

... Respondents ------- Mr. Pradeep D. Dalvi a/w Mr. Rushikesh Patil for Petitioner. Ms. Mithila Damle for Respondent No.2.

-------

CORAM

:

K.R. SHRIRAM & A.S. DOCTOR, JJ.

DATED :

14th SEPTEMBER 2022 P.C. :

1.

The prayer in the Petition is to restrain Respondent Nos. 2 and 3 from conducting the public auction of Petitioner's property. 2.

The e-auction notice has been given and the auction is scheduled on 22nd September 2022. Mr. Dalvi states that, according to his client, the amount to be paid till today is only about Rs.3,24,60,000/-. Ms. Damale states that according to her clients the amount payable as on date is in excess of Rs.6 Crores. Ms. Damale states that online e-auction notice itself indicates that as on 31st December 2010 the amount payable was Rs.2,64,88,393/- with further interest, other charges and expenses from 1st January 2011 till repayment of entire dues. Mugdha

2 4-WP 10704-22.doc 3.

In our view, Petitioner has other remedies available. Moreover, Mr. Dalvi states that Petitioner is willing to settle Respondent' s dues. Ms. Damle states that if Petitioner is really inclined to settle the dues, Petitioner can meet the authorised officer of Respondent No.2. Ms. Damle further states that she will speak to the authorised officer today and convey the name of the authorised officer, his office address and the date and time when Petitioner can go and meet the authorised officer. 4.

Petition dismissed.

(A.S. DOCTOR, J.) ( K.R. SHRIRAM, J.) Digitally signed by MUGDHA M PARANJAPE Date:

2022.09.15 14:09:01 +0530 MUGDHA M PARANJAPE Mugdha