Purushottam S/O Pandurang Ingle v. The Akola Janata Commercial Co-Operative Bank Ltd.,Through Branch Manager And Authorized And Anothe
wp6129.15 1/1 FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 6129 OF 2015 Purushottam Pandurang Ingle -vsThe Akola Janata Commercial Cooperative Bank Ltd.,Akola, thr.its Branch Manager and onr.. ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------------------------------------------------------------------------------------------------------------------------------------ Mr.C.A.Joshi, counsel for the petitioner.
Mr.Ambarish Joshi, AGP for the respondent No.2. CORAM : SMT. VASANTI A. NAIK & PRASANNA. B. VARALE, JJ.
DATE : 24.11.2015.
By this petition, the petitioner has challenged the order of the Additional District Magistrate, Akola allowing an application filed by the respondent-Bank for securing the actual possession of the property from the petitioner and if required through Police aid.
The only submission made on behalf of the petitioner for challenging the impugned order is that the petitioner is ready to repay the dues of the respondent-Bank and the actual possession of the property may not be taken from the petitioner. With the only submission made on behalf of the petitioner, the petitioner cannot effectively challenge the order of the Additional District Magistrate. If the petitioner is ready to repay the dues, the petitioner is free to repay the dues to the Bank and get the property released. There is no impediment in the way of a debtor in paying the debt to the financial institution. The Bank would readily accept the dues that are payable. In the circumstances, we are not inclined to entertain the writ petition. The same is dismissed with no order as to costs. JUDGE JUDGE KHUNTE