Ismail Babalal Attar v. The State Of Maharashtra Through Secretory And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SAYYED SAEED ALI AHMED ALI Date:

2024.12.14 13:35:26 +0530 SAYYED SAEED ALI AHMED ALI CIVIL APPELLATE JURISDICTION REVIEW PETITION (ST) NO.32943 OF 2024 IN WRIT PETITION NO.5497 OF 2018 The Divisional Officer/Zonal Officer Bank of Maharashtra Division office and Ors.

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Petitioners

IN THE MATTER BETWEEN :

Ismail Babalal Attar ..

Petitioner

Versus

The State of Maharashtra & Ors.

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Respondents WITH INTERIM APPLICATION (ST) NO.34512 OF 2024 IN REVIEW PETITION (ST) NO.32943 OF 2024 The Divisional Officer/Zonal Officer Bank of Maharashtra Division office and Ors.

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Applicants

IN THE MATTER BETWEEN:

Ismail Babalal Attar ..

Petitioner

Versus

The State of Maharashtra & Ors.

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Respondents _______________________________________________________________ Ms. Ayodhya Patki for the Applicant.

Mr. Sachin K. Hande a/w Ms. Poonam Pal for petitioner Mr. A.I.Patel, Addl. GP a/w Mr. S.L.Babar for the state _______________________________________________________________ CORAM : M. S. Sonak & Jitendra Jain, JJ.

DATE : 13 December 2024

P.C.:- 1.

Despite the opportunity for filing a compliance affidavit, no affidavit is filed. As a result, the petitioner, who is a farmer, has been adjudicating this matter since 2018 is being harassed. The learned counsel for the respondent bank/review petitioner/applicant has now requested time.

2.

The learned counsel for the petitioner points out that though gold has been returned, a No-Dues certificate has not been issued. The learned counsel for the applicant states that the bank has no grievance against the petitioner, but the No-Due certificate has not been issued because the bank has not yet received a commitment from the State Government to reimburse Rupees Seventy Thousand for interest. 3.

This approach is entirely unreasonable. The bank can sort out its issues with the State Government independently. But if, as stated before us today, they have no grievance, qua the petitioner, then the No Due certificate issuance cannot be withheld until such issues are sorted out. At every step, the Bank is forcing the petitioner to come to Court. 4.

Now that time is being sought, we grant it until 18 December 2024. However, an affidavit of full compliance must be filed before this Court, including the issuance of a No Due certificate. Again, if it is found that the bank is delaying compliance, we will consider taking strict

action against the bank officials.

5.

List this matter on 18 December 2024 for directions/filing of compliance report.

(Jitendra Jain, J.) (M. S. Sonak, J.)