Ashok Vithoba Chavan And 2 ORS. v. Nkgsb Co-Operative Bank Limited

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.340 OF 2018 ...

Mr. Ashok Vithoba Chavan & Ors.

....Petitioners V/S NKGSB Co-operative Bank Limited ....Respondent ...

Mr. Ishant Patkar I/b Mr. Mayur Kadam for the Petitioners. Mr. A.R. Gole for the Respondent.

...

CORAM : A.A. SAYED & A.M.BADAR, JJ.

DATED : 2 FEBRUARY 2018 P.C.:

Leave to add the Purchaser of the flat as party-Respondent. Amendment to be carried out forthwith.

2.

In pursuance of the order dated 31-01-2018, learned Counsel for the Petitioners has tendered an Undertaking of the Petitioners stating that the Purchasers have undertaken to pay the balance amount of Rs.26,51,910/- (after deducting an amount of Rs.10,00,000/-, which was paid on 31-01-2018), as per the time schedule mentioned in the said Undertaking. The said Undertaking is taken on record and accepted. 3.

The purchasers of the flat in question are also present in Court. The Undertaking of the purchasers is also tendered, which is in the same terms as that of the Petitioner. The Undertaking of the purchasers is taken on record and accepted.

Uday.P.Kambli 1/2

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Learned Counsel for the Petitioner states that the Petitioners are still in possession of the flat in question and that they shall not hand over possession of the said flat to the purchasers until the balance payments as per the Undertaking are made. The statements are accepted. 5.

The statement of the learned Counsel for the Petitioner is recorded that in the event there is any breach of the conditions of the Undertaking, the Petitioner would hand over possession of the flat to the Respondent within 14 days from 14-02-2018 i.e. by 28-02-2018. 6.

It is made clear that in the event, there is any default by the Petitioners/purchasers, the Respondent-Bank would be free to take further steps for recovery of the entire full amount including interest. Needless to say, if the Undertaking is complied with, the Respondent-Bank shall issue a No Due Certificate to the Petitioners.

7.

The Petition is disposed of in the above terms. (A.M.BADAR,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2