Janata Sahakari Bank Ltd Through Authorized Officer v. Tulshiram Hariba Karmude And Others

1 ca 1106.21.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1106 OF 2021 IN WRIT PETITION NO. 4224 OF 2020 Janta Sahkari Bank Ltd.

Through Authorized Officer .. Applicant

Versus

Tulshiram Hariba Karmude and others .. Respondents Shri Natu Sharad V., Advocate for the Applicant. Shri P. K. Lakhotiya, A.G.P. for Respondent Nos. 2 to 4. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

05TH FEBRUARY, 2021.

ORDER :

.

The present civil application is filed for dismissal of petition on the ground that the original writ petitioner failed to deposit the amount as directed by this Court under order dated 09th March, 2020.

2.

The learned counsel for the applicant submits that, though order is passed by this Court, the non applicant No. 1 did not deposit the amount and the applicant proceeded with auction process. A legal notice is given by the non applicant No. 1 and because of which auction process is stalled.

3.

It is made clear that, our order dated 19.03.2020 is self

2 ca 1106.21. explanatory. We had observed that, if the petitioner fails to deposit the amount as directed above, then the interim protection granted shall automatically stand vacated.

4.

In view of that, there will be no impediment for the applicant to proceed further with the secured assets. 5.

The civil application stands disposed.

[SHRIKANT D. KULKARNI, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 21