Jankalyan Urban Co Operative Bank Ltd. Through Its Special Recovery Officer v. Anand Vishwambhar Kore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 981 WRIT PETITION NO.397 OF 2023 WITH WP/375/2023 JANKALYAN URBAN CO OPERATIVE BANK LTD. THROUGH ITS SPECIAL RECOVERY OFFICER

VERSUS

ANAND VISHWAMBHAR KORE ...

Advocate for Petitioner : Mr. Kodale Vikas G. Advocate for Respondent : Mr. S. Y. Patil ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

26/09/2023 PER COURT :

The present proceedings arises out of interim order passed by the Appellate court granting interim protection to the borrower respondent herein subject to payment of Rs.2 lakh and continue to pay monthly installments from February 2023 onwards. This Court had stayed the order of the Appellate court as the amount was found to be inadequate to grant Stay to the recovery.

2.

I am also informed that no further amounts are deposited by the borrower. The parties submit that these petitions can be disposed of with a direction to the Co-operative Court Latur to dispose of the pending C.C.No.102 of 2022 and C.C.No.103 of 2022, pending beofre

WP 397-2023 the Co-operative Court, Latur within a period of 12 weeks from the receipt of this order.

3.

The learned Advocate appearing for the respondent submits that he has given a proposal to the Bank under One Time Settlement scheme. He further submits that the respondent would approach the bank in the next week to decide the issue. The Bank would be at liberty to consider the One Time Settlement application given by the respondent, if it deems fit.

4.

The learned Advocate for the petitioner submits that since there was no further deposit of amount, the interim order passed by the Appellate court stands vacated. In view of the same, there would be no interim order in favour of the appellant during the pendency of the proceedings before the Co-operative Court. 5.

With the above observations, the petitions are disposed of accordingly.

( ARUN R. PEDNEKER, J. ) vj gawade/-.