Bharat Sukhaji Jadhav v. The Branch Manager Central Bank Of India, Aurangabad And Another

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.95 OF 2015 Bharat S/o Sukhaji Jadhav Petitioner

Versus

The Branch Manager, Central Bank of India and another Respondents Mr.B.G.Sagade with Mr. V.B. Kale advocates for the petitioner CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 7th January, 2015.

PER COURT :- The petitioner is praying for issuance of order for cancellation of E-auction of the property belonging to the petitioner towards recovery of dues.

It is not a matter of dispute that, the concerned proceeding initiated before the DRT was placed before the Lokaadalat and parties arrived at compromise. Under the terms of compromise, the petitioner agreed to deposit an amount of Rs.27 lakhs within a period of four months i.e. till 31st December, 2012. It was further agreed that, in the event of failure of the petitioner to deposit the

{2} wp 95.15.odt amount, the bank shall have liberty to recover entire amount by initiating recovery proceedings. Since the petitioner has not observed the terms of settlement arrived at before the Lokaadalat, the bank has initiated the proceedings for recovery of the amount. We do not find any irregularity in the proceedings initiated by the bank. The petition is devoid of any substance and hence stands rejected.

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