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Bombay High CourtWP/3415/2023disposed off

Pradip Surajmal Gandhi Proprietor Nayan Motors v. The State Of Maharashtra Through Its Principal Secretary And Others

2023-03-24Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

3415.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 WRIT PETITION NO.3415 OF 2023 PRADIP SURAJMAL GANDHI, PROPRIETOR NAYAN MOTORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....

Ms Akshara Madake, Advocate h/f Mr S. S. Thombre, Advocate for Petitioner;

Mr P. S. Patil, A.G.P. for Respondent Nos.1 to 3 CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATE : 24th March, 2023 PER COURT:

1.

This matter was mentioned in grave urgency on 23/03/2023, at 2.30 p.m. Despite instructions, the Petitioner has not served the copy of the petition paper book on Respondent No.4/Bank.

2.

The Petitioner has put forth prayer clauses (B) and (C), which read as under :- "(B) By issuing a writ of mandamus, orders, directions or any other appropriate writ in the like nature, direct Respondent Nos.4 and 5 to grant benefit of one time settlement (OTS) in view of Government Resolution dated 31.08.2021;

3415.23wp (2) (C) Pending hearing and final disposal of this writ petition, the respondent nos. 4 and 5 may kindly be restrained from taking any coercive action in pursuant to the notice dated 16.03.2023 issued by the respondent no. 5 till the decision taken by the respondent no. 4 and 5 on the application / representation filed by the petitioner for grant of one time settlement scheme (OTS) and for that purpose issue necessary orders;"

It is prayed that the Bank be directed to consider the request of the Petitioner, at the earliest.

3.

Let Respondent No.4/Bank consider the application of the Petitioner, dated 21/06/2022, in the light of the Government Resolutions dated 13/08/2021 and 06/06/2022, by following the procedure, as is laid down in law, preferably within a period of 60 days.

4.

In view of the above, this petition is disposed off. 5.

We make it clear that we have not expressed any opinion as regards the claim of the Petitioner. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE, J.) sjk