Rajendra Bhagwandas Shimpi And Another v. The State Of Maharashtra And Others

44.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 WRIT PETITION NO.10038 OF 2019 RAJENDRA BHAGWANDAS SHIMPI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Talhar Ajay G. AGP for Respondents No. 1 to 3. : Mr. K.N. Lokhande. Advocate for Respondent No. 4 : Mr. S.V. Natu. ...

45 WRIT PETITION NO.10039 OF 2019 SUNIL RAMDAS KANADE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Talhar Ajay G. AGP for Respondents No. 1 to 3. : Mr. K.N. Lokhande. Advocate for Respondent No. 4 : Mr. S.V. Natu. CORAM :

S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

13/08/2019 PER COURT :

1.

Mr. Talhar, learned counsel submits that, the petitioners in both these writ petitions are ready to deposit the entire amount due of the housing loan. The respondent No. 4 should release the secured assets of the petitioners and the respondent be restrained from taking possession.

2.

Mr. Natu, learned counsel for respondent No. 4 submits that 1/2

44.odt since January the respondent No. 4 is giving time to the petitioners, however, the petitioners are not depositing the amount. The respondent No. 4 has taken symbolic possession on 08.03.2019. 3.

The petitioners have undertaken to deposit the entire loan amount within one month. We accept the undertaking given by the petitioners.

4.

In view of the undertaking, the respondent No. 4 shall not take physical possession of the secured assets of the petitioners in respect of the housing loan for a period of one month. If the petitioners pay the entire loan amount within a period of one month, the respondent No. 4 naturally would release the secured assets of the petitioners.

5.

Writ petitions are disposed of. No costs.

( MANGESH S. PATIL, J. ) ( S. V. GANGAPURWALA, J. ) mkd 2/2