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Bombay High CourtWP/9333/2017disposed off

Siddeshwar Mahadeo Chauhan , Prop. Of Shriram Service Centre v. The Divisional Joint Registrar Co-Opertive Socieites ,Pune Division And ORS.

2017-12-14Hon'Ble Shri Justice R.D. Dhanuka2 pages

ppn 1 907.wp-9333.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9333 OF 2017 Siddeshwar Mahadeo Chauhan Proprietor of Shriram Service Centre ..

Petitioner Vs.

The Divisional Joint Registrar Co-operative Societies, Pune Division, Pune & Ors.

..

Respondents --- Mr.S.S. Kanetkar for the petitioner.

Mr.S.D. Rayrikar, AGP for the respondent nos.1 & 4. Mr.Surel Shah for the respondent no.5.

--- CORAM : R.D. DHANUKA, J.

DATE : 14th December 2017 P.C.:

.

Mr.Kanetkar, learned counsel for the petitioner, on instructions from the petitioner who is present in Court, states that his client is ready and willing to pay Rs.80 lakh to the respondent no.5 in full and final settlement for setting aside the auction sale conducted by the respondent no.1 in respect of the flat in question on or before 5th January 2018. Statement made by the learned counsel is accepted as and by way of an undertaking to this Court.

2.

Mr.Shah, learned counsel for the respondent no.5 has no objection if the amount of Rs.80 lakh is paid by the petitioner in full and final settlement for setting aside the auction sale in favour of his client if the amount is paid on or before 5th January 2018. Statement is accepted. 3.

It is made clear that if the aforesaid amount is not paid to the respondent no.5 by the petitioner on or before 5th January 2018, Writ

ppn 2 907.wp-9333.17.doc Petition No.9333 of 2017 filed by the petitioner to stand dismissed without further reference to the Court. If the amount is paid within the time stipulated, auction sale dated 23rd February 2016 in favour of the respondent no.5 to stand set aside.

4.

Mr.Nitin Balkrishna Ughade, General Manager of the respondent no.2-Bank, who is present in Court, states that the bank has no claim of any nature whatsoever against the petitioner and also in respect of flat in question. Statement is accepted.

5.

Writ petition is disposed of in aforesaid terms. No order as to costs. Place the matter on board for 'Recording of compliance' on 8th January 2018.

R.D. DHANUKA, J.