M/S Creative Dies And Moulds Pvt. Ltd. v. Sanjay Atmaram Sane

905.1645.18-caw.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1645/2018 WITH CIVIL APPLICATION NO.1646/2018 IN WRIT PETITION (ST) NO.18893/2018 Sanjay Atmaram Sane & Ors.

... Applicants V/s.

State of Maharashtra & Ors.

... Respondents And M/s. Creative Dies & Moulds Pvt. Ltd.

... Intervener Mr. Dunal D. Damle i/b. J. P. Singh for the Applicant in 1645/2018 Mr. S. S. Punde for the Applicant in 1646/2018 Mr. Omkar V. Waranje for the Petitioner Mr. Joel J. Carlos for Respondent No.3.

CORAM:

K.K. TATED & S. K. SHINDE, JJ.

DATED :

AUGUST 31, 2018 P.C. :

Heard. The Civil Application is made by the purchaser of the suit property i.e. CAP's House, R-548/549, TTC Industrial Area, Road No.16, MIDC Rabale, Mumbai - 400701 for joining them as party Respondent in the Writ Petition.

After arguing for some time, the learned counsel for the Applicant submits that the Applicants are ready and willing to pay remaining consideration of the said property in the sum of Basavraj Gurappa Patil Rs.7,69,00,000/- to the Bank i.e. Cosmos Cooperative Bank, on or before 18.09.2018. To that effect, the Applicant has filed their Basavraj Gurappa Patil Date: 2018.09.04 14:56:46 +0530 Basavraj G. Patil 1/2

905.1645.18-caw.doc affidavit-cum-undertaking dated 31.08.2018 along with resolution passed by the Bank. Mr. vishwanath M. Sheregar, Director of the Applicant entered into witness box and admitted the contents of the said affidavit-cum-undertaking and also the execution of the same along with resolution passed by M/s. Creative Dies & Moulds Pvt. Ltd. Said affidavit is taken on record and marked "X" for identification. The affidavit-cum-undertaking filed by the Applicant is taken on record. In view of the affidavit-cum-undertaking filed by the Applicant, the Civil Application No.1645/2018 stands disposed of. No order as to costs.

By consent of the parties, Office is directed to place the Civil Application No.1646/2018 on board on 28.09.2018, for hearing. (S. K. SHINDE, J.) (K. K. TATED, J.) Basavraj G. Patil 2/2