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Bombay High CourtWP/2753/2020disposed off

M/S Shree Hira Industries Thro Its Proprietor v. Axis Bank Limited Thro Its Chief Manager And Others

2021-02-17Hon'Ble Shri Justice R. G. Avachat2 pages

1 923-wp-2753-2020.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2753 OF 2020 M/s Shree Hira Industries ... Petitioner

Versus

Axis Bank Limited and others ... Respondents ....

Mr. P. D. Bachate, Advocate for the petitioner ....

CORAM : R. G. AVACHAT, J.

DATED : 17th FEBRUARY, 2021 PER COURT :- .

The challenge in this writ petition is to the notice dated 12.12.2019, issued by an Advocate on behalf of the respondent Bank. By the impugned notice, the petitioner has been called upon to pay the bank a sum of Rs.2,55,69,475=50 (Rupees Two Crore Fifty Five Lakh Sixty Nine Thousand Four Hundred Seventy Five and Paise Fifty Only), which is said to be due under the loan account. The notice further states that if the petitioner fails to comply with the notice, the bank may be constrained to take suitable legal action.

2 923-wp-2753-2020.doc 2.

Since it is the only notice asking the petitioner to pay the dues on the loan account and the bank has not taken so far any action, there is no cause of action to file the present writ petition. 3.

The writ petition is therefore disposed of.

4.

The petitioner is at liberty move the Court as and when he gets cause of action.

[ R. G. AVACHAT, J. ] SMS