Mangala Dattatraya Udhan And Another v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 WRIT PETITION NO. 6260 OF 2015 MANGALA DATTATRAYA UDHAN AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners :Mr. Bangar Nilkanth P. AGP for Respondents State: Mr. S.G.Nandedkar Mr. Pawankumar S.Agrawal, Adv., for respondent nos. 2 and 3. ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: July 29, 2015 ...

PER COURT :- 1.

This Court has granted protection in favour of the petitioner on 23rd June, 2015, on condition of deposit of Rs.5,00,000/- ( Rs. five lacs) with the respondent Bank. It is informed that amount has been deposited with the Bank. Learned Counsel appearing for respondent Bank informs that since the petitioner has not complied with the directions issued by the Debt Recovery Tribunal, the interim protection granted has been vacated by an order dated 12.6.2015. After vacation of the interim order, by observing due procedure, the property mortgaged with the Bank has been sold in favour of respondent no.4 and sale certificate has also been issued.

2.

In this view of the matter, keeping open the option of availing the remedies as are available in law, we dispose of the petition with direction that the interim protection granted in favour of the petitioner on 23rd of June, 2015, shall remain operative for a period of one month from today.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

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