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Bombay High CourtWP/2066/2023disposed off

Shrikrishna S/O Narayan Deshpande v. The New Akot Cotton Ginning And Pressing Co. Ltd., Thr. Chairman And M. D., Vasantrao Digambar

2024-03-11Hon'Ble Shri Justice Bharat P. Deshpande2 pages

42. WP 2066 of 2023 - corrected.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.2066/2023 Shrikrishna s/o Narayan Deshpande ...Versus...

The New Akot Cotton Ginning and Pressing Co.Ltd. through Chairman and Managing Director - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. R.G. Kavimandan, Advocate for petitioner Mrs. R.S. Sirpurkar, Advocate for respondent CORAM : BHARAT P. DESHPANDE, J.

DATE : 11/03/2024 1.

Learned counsel for the petitioner has filed an undertaking of the petitioner stating that he is ready to vacate the suit property since the second appeal is already disposed of. However, he requests for three months' time to vacate the premises.

2.

Learned counsel for the respondent submits that the respondent is not ready and willing to accept such proposal or the undertaking given by the petitioner.

3.

Vide order dated 08/03/2024, this Court has already disposed of the writ petition. However, a statement was made on behalf of the petitioner that he is ready and willing to file the undertaking. Accordingly, the undertaking is filed today. Since the respondent is not ready and willing to

42. WP 2066 of 2023 - corrected.odt consider the time of three months, as prayed by the petitioner for vacating the suit property, the Executing Court before whom the matter is pending, shall consider this aspect. 4.

The petitioner to place copy of this undertaking before the Executing Court along with copy of order of this Court. Accordingly, the Executing Court shall consider such undertaking in accordance with law and if required, decide the execution proceedings as early as possible.

(BHARAT P. DESHPANDE, J.) Wadkar