Pooja Mayuresh Mumbarkar And ANR v. Union Bank Of India And 3 ORS

3-WP.2027.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2027 OF 2021 Pooja Mayuresh Mumbarkar } and Anr.

} Petitioner versus Union Bank of India and Ors.

} Respondents Mr. Sidharth Samantaray with Ms. Jagruti Bhise i/b. Mr. Vivek V. Phadke for the petitioner.

Ms. Savita Nangaqre i/b. Atham Legal for respondent no. 1.

Ms. Jyoti Chavan, AGP for respondent nos. 3 and 4 (State).

CORAM :- DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE :- DECEMBER 21, 2021 PC :- 1.

Ms.

Nangare, learned advocate representing the respondent no.

submits, on instructions, that the respondent no. 1 is willing to return the sale price deposited by the petitioners. Mr. Samantaray, learned advocate for the petitioners submits that if the sale price deposited by the petitioners is returned, they are inclined not to press this writ petition and seek withdrawal thereof.

2.

Having regard to the aforesaid submissions, we direct the respondent no. 1 to return the sale price deposited by the petitioners within a week from date of receipt of a copy of this J.V.Salunke,PS

3-WP.2027.2021 order. Once the sale price is returned, the respondent no. 1 will be at liberty to put the secured asset for sale by auction or otherwise, in accordance with law.

3.

The writ petition stands disposed of. There shall be no order as to costs.

(M. S. KARNIK, J.) (CHIEF JUSTICE) Digitally signed by PRAVIN DASHARATH PANDIT Date:

2021.12.22 10:37:20 +0530 PRAVIN DASHARATH PANDIT J.V.Salunke,PS