Monarch Apparels (India) Ltd. v. The Chief Manager Bank Of Baroda And ANR.

Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1290 OF 2018 AND NOTICE OF MOTION NO. 210 OF 2018 IN WRIT PETITION (L) NO. 1290 OF 2018 Monarch Apparels (India) Ltd.

...Petitioner

Versus

The Chief Manager, Bank of Baroda & Anr.

...Respondents

---------- Mr. Rohit Gupta, i/by Kaushik & Co., for the Petitioner. Mr. Prashant A. Shinde, i/by Anant B. Shinde & Co., for the Respondent No. 1.

Mr. Nirmal Chandra Mohanty, for the Respondent No. 2. ---------- CORAM :

A.A. SAYED & R.I. CHAGLA, JJ.

DATE : 25 March 2019 1 / 3

ORDER :

1.

Learned Counsel for the Petitioner has tendered Undertaking of Shri. Nirmal Parmar, who is present in Court. He is the Director of the Petitioner. The said Undertaking reads as follows:- "1.

That pursuant to the Oral directions passed by the Hon'ble Division Bench of Hon'ble Mr. Justice A.A. Sayed and Hon'ble Mr. Justice R.I. Chagla on 22nd March, 2019. I undertake to give peaceful possession of my residential premises situated at Gundecha Gardens, Lalbaug, Mumbai on 16th April, 2019 in any event and more so in a situation I fail to produce a proposed buyer before the Respondent No. 1 who is willing and agreeable to make an offer for purchase of the said premises by way of private treaty to the Bank on the terms mutually agreeable to the Petitioner and Respondent No.1."

2.

We accept the Undertaking and direct the 2 / 3

Respondent Bank not to take coercive steps until 16 April 2019. 3.

The Petition is disposed of. The Notice of Motion does not survive and also to stand disposed of. 4.

List the Petition on 18th April 2019 under the caption "for Directions" for reporting compliance. [R.I. CHAGLA, J.] [A.A. SAYED, J.] 3 / 3