Aparna Sunil Pawar v. The Cosmos Cooperative Bank Ltd And ORS

by GAURI AMIT GAEKWAD Date:

2022.10.13 17:28:03 +0530 GAURI AMIT GAEKWAD 1/3 11-WP-12122-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12122 OF 2022 Aparna Sunil Pawar .....Petitioner Vs.

The Cosmos Co-operative Bank Ltd. & Ors. .....Respondents ---- Mr. Avinash Hari Fatangare for petitioner.

Mr. Anshul Anjarlekar i/b. Raval Shah and Co. for respondent no.1. ---- CORAM : K. R. SHRIRAM & A. S. DOCTOR, JJ.

DATED : 12th OCTOBER 2022 P.C. :

Mr. Fatangare for petitioner states that he is only pressing for prayer clause - (b), which reads as under :

(b) That, this Hon'ble Court be pleased to issue a Writ, order or direction or a writ of mandamus or any other appropriate writ, directing the Respondent No.2 DRT-II, Mumbai to decide the S.A. No.224/2022.

Mr. Anjarlekar states that petitioner had filed Securitization Application earlier being S.A. No.43 of 2014 which came to be dismissed by an order dated 28th December 2020 and in the order it is recorded that petitioner was not interested in pursuing the case. Mr. Anjarlekar states that thereafter, petitioner filed S.A. No.224 of 2022 in which an interim application was taken out by petitioner being Interim Application No.1740 of 2022 and interim relief was sought. On 27th July 2022 again petitioner did not remain present. Even when the Securitization Application itself was

2/3 11-WP-12122-2022.doc called out, none appeared for petitioner. Mr. Anjarlekar, therefore, submits that here is a petitioner who has been consistently absent before the DRT and the fact that petitioner had not appeared before DRT is also not disclosed in the petition.

Mr. Fatangare states that petitioner is a housewife and her husband Sunil Anandrao Pawar, who had filed S.A.No.224 of 2022 and Interim Application No.1740 of 2022 in the said Securitization Application is presently confined to bed having suffered paralytic stroke. Mr. Fatangare states that, therefore, it would help to reduce petitioner's agony if the said Securitization Application is heard expeditiously. Mr. Fatangare states that all medical reports will be filed before the DRT. Petitioner to apply to DRT for early hearing and DRT may consider the same and fix such date as convenient to it and dispose the Securitization Application No.224 of 2022 as early as possible. Mr. Anjarlekar states that on or before 15th October 2022 respondents shall permit petitioner to remove all the personal belongings of petitioner and her family members as per the panchanama dated 8th June 2022.

We direct the Chief Manager of Cosmos Co-operative Bank Ltd., Dadar Branch to personally remain present at Flat being Flat No.501, 5th Floor, Laxmi Gopal Hatiskar Marg, Prabhadevi, Mumbai - 400 025 at

3/3 11-WP-12122-2022.doc 11.00 a.m. on 14th October 2022 without fail and open the lock of the said flat and permit petitioner to remove all belongings as per the panchanama dated 8th June 2022.

Petition disposed accordingly.

(A. S. DOCTOR, J.) (K. R. SHRIRAM, J.)