Rishikesh Mangesh Wagle And ORS v. Shriram Housing Finance Ltd Through Sagar Padwal And ANR

(901)-WPST-29786-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO.29786 OF 2019 Mr. Rishikesh Mangesh Wagle & Ors.

..Petitioners

Versus

Shriram Housing Finance Ltd. & Anr.

..Respondents Mr. Laxminarayan Shukla i/by Legal Vision, Advocate for the Petitioners.

Ms. Nisha Mehra, AGP for Respondent No.2.

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 4th DECEMBER, 2019 P.C.

1] The Petitioners are admittedly in default of the credit advanced to them by the 1st Respondent.

2] One Time Settlement (OTS) proposal on which the Petitioners seek reliance to get over the hurdle of the possession of the secured asset not to be taken over evinces that the 1st Respondent agreed to settle and close the account on receipt of ₹ 82 lakhs payable: 22 lakhs on or before 25 ₹ th October 2019, ₹ 30 lakhs on or before 25th November 2019 and 30 lakhs on or before 25 ₹ th December 2019.

3] The dates of the first two installments are in the past. The BGP.

(901)-WPST-29786-19.doc.

Petitioners have not deposited the said two installments and thus the OTS proposal accepted by the 1st Respondent cannot be relied upon by the Petitioners.

4] The Writ Petition is dismissed.

Digitally signed by Balaji G.

Panchal Date:

2019.12.04 17:42:57 +0530 Balaji G.

Panchal SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP.