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Bombay High CourtWP/4223/2018disposedoff

Shri Dipak S/O Jayantibhai Chauhan And Another v. Union Bank Of India, Gondia Thr. Its Authorized Officer

2018-07-31Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4223/2018 Shri Dipak S/o Jayantibhai Chauhan and another ..Vs..

Union Bank of India, through its authorized Officer, Gondia Branch - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.R. Johrapurkar, Advocate for petitioners. Shri S.D. Ingole, Advocate for respondent.

CORAM : B.P. DHARMADHIKARI AND Z.A.HAQ, JJ. DATED : 31.7.2018.

1.

Petitioners have filed a joint undertaking supported by solemn affirmation of petitioner No.1 - Dipak S/o Jayantibhai Chauhan. The petitioners have undertaken to abide by the order passed by the Debt Recovery Tribunal on 28th June, 2018 by which the petitioners are directed to deposit Rs.5,00,000/- (Rs. Five Lakhs) by 10th of every month. It is further submitted that though the Tribunal has directed that the petitioners shall deposit Rs.5,00,000/- (Rs. Five Lakhs) per month for three successive months, the petitioners would continue to deposit Rs.5,00,000/- (Rs. Five Lakhs) every month till the amount of loan is wiped out. 2.

The petitioners have further stated that in case the petitioners commit any default in depositing the amount, they will hand over possession of the house property in question to the respondent - bank. 3.

The undertaking given on behalf of the

2 wp4223.18 petitioners is accepted and following order is passed: (i) The respondent - bank shall hand over possession of the house in question to the petitioners within two days.

The writ petition is disposed accordingly. No costs.

JUDGE JUDGE Tambaskar.