Bombay High CourtWP/355/2015disposed of

M/S Classic Enterprises, Through Its Partner Shri Waseem Ahmed. v. The Central Bank Of India, Through Its Regional Manager.

2015-07-08Hon'Ble Shri Justice K. L. Wadane,F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 355 OF 2015 M/S CLASSIC ENTERPRISES, THROUGH ITS PARTNER SHRI WASEEM AHMED.

... Petitioner

Versus

THE CENTRAL BANK OF INDIA, THROUGH ITS REGIONAL MANAGER.

... Respondent Mr. Vilas P. Thali, Advocate for the petitioner. Mr. Amey Kakodkar, Advocate for the respondent. Coram:- F. M. REIS & K. L. WADANE, JJ.

Date:- 8th July, 2015 P.C.

Heard Mr. Vilas P. Thali, learned counsel appearing for the petitioner and Mr. Amey Kakodkar, learned counsel appearing for the respondent.

2. Upon hearing learned counsel appearing for the respective parties, the only grievance of the petitioner is that the petitioner have lost the original Sale Certificate dated 12.5.2014 which was executed by the respondent and, as such, the petitioner have difficulty in exercising their right over the said property based on the such Sale Certificate.

3. Mr. Thali, learned counsel appearing for the petitioner points out that the petitioner would be satisfied if a certified copy of the such Sale Certificate is issued to the petitioner.

4. Mr. Kakodkar, learned counsel appearing for the respondent brought to our notice the averments in the letter dated 13.4.2015 at

WP/355/2015 Exhibit"O" collectively sent by the respondent to the petitioner inter alia pointing out that a certified copy of the Sale Certificate could be issued to the petitioner, if the petitioner satisfies two requirements namely filing of an affidavit stating that the original certificate has been lost and produce evidence to disclose that a complaint to that effect has been registered before the concerned police station.

5. Mr. Thali, learned counsel upon instructions states that the petitioner will comply with such requirements and submit an application to the respondent for a certified copy of the Sale Certificate.

6. Upon receipt of the such application, Mr. Kakodkar states that the respondent shall proceed to issue a certified copy of such Sale Certificate in accordance with law.

7. Accepting the said statements of both the learned counsel refer to herein above, petition stands disposed of.

K. L. WADANE, J.

F. M. REIS, J.