Amol Vasantrao Sapre v. The Union Of India And Others

(1) 915-wp-3548-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.3548 OF 2022 AMOL VASANTRAO SAPRE ..PETITIONER

VERSUS

THE UNION OF INDIA AND OTHERS ..RESPONDENTS ...

Mr. Suresh P. Salgar h/f Mr. S. V. Gaikwad, Advocate for the Petitioner.

Mr. K. N. Lokhande, AGP for Respondents-State. Mr. A. G. Talhar, ASG for Respondent No.1.

...

CORAM : R. D. DHANUKA & S. G. MEHARE, JJ.

DATED : 15th MARCH, 2022.

PER COURT:- 1.

The learned counsel for the petitioner undertakes that, his client would deposit an amount of Rs.10,00,000/- (Rs.Ten Lakhs Only) with respondent no.-4-Bank within a period of one (01) week from today and further undertakes to apply for appropriate relief before the Debt Recovery Tribunal for impugning the notice issued by the Bank under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2.

The learned counsel for the petitioner seeks leave to withdraw the writ petition.

3.

Writ Petition is dismissed as withdrawn with liberty to the petitioner to make an application before the Debt Recovery Tribunal for impugning the action initiated by respondent no.4-

(2) 915-wp-3548-2022 Bank under Section 13(2) of the Act, 2002 subject to the petitioner's depositing an amount of Rs.10,00,000/- (Rs.Ten Lakhs Only) with the Bank within a period of one (01) week from today. In view of the undertaking given by the learned counsel for the petitioner, we direct respondent nos.2, 3 and 4 not to proceed with their action of dispossession of the petitioner from the property described in prayer Clause (D) within a period of 10 days from today.

4.

If undertaking given is not complied with by the petitioner, interim protection granted by this Court to stand vacated without further reference to the Court.

5.

Writ Petition is dismissed as withdrawn with aforesaid directions. No Order as to costs. 6.

Parties to act on authenticate copy of this order.

7.

The petitioner shall communicate this order to respondent nos.2, 3 and 4 for information and compliance.

(S. G. MEHARE) (R. D. DHANUKA) JUDGE JUDGE Devendra/March-2022