The Greater Bombay Co.Operative Bank Ltd. v. M/S. Aditi Automobiles, Proprietor, Shri Anil Ghige And ANR

NEETA SAWANT 49-WP-2955-2024 & WP-3909-2016.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2955 OF 2024 WITH CIVIL APPLICATION NO. 3 OF 2025 M/s. Aditi Automobiles & Anr.

....Petitioners : Versus :

Greater Bombay Co-operative Bank Ltd. and Ors.

....Respondents WITH WRIT PETITION NO. 3909 OF 2016 WITH INTERIM APPLICATION NO. 342 OF 2020 Sou. Sumedha Sanjay Joshi ....Petitioner : Versus :

Greater Bombay Co-operative Bank Ltd. and Ors.

....Respondents Mr. Sachin Dhakephalkar, for the Petitioners.

Mr. Vivek Walawalkar i/by. Mr. Sameer R. Bhalekar, for Respondent No.1.

Ms. Sulbha D. Chipade, AGP for State.

CORAM :

SANDEEP V. MARNE, J.

Dated :

7 March 2025.

P.C. :

1) These petitions are in respect of Recovery Certificate issued by the Bank. It appears that in Writ Petition No.3909/2016, this Court ___________________________________________________________________________ Page No.

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NEETA SAWANT 49-WP-2955-2024 & WP-3909-2016.docx had directed deposit of amount of Rs.15,00,000/- in this Court which deposit is apparently made. Mr. Walawalkar, the learned Counsel appearing for the Bank would submit that in addition to deposited amount in this Court together with accrued interest, certain amounts are lying in the Accounts of the borrower and guarantor and if the Bank is permitted to withdraw the entire amount deposited in this Court with further liberty to recover the balance amounts from such Accounts, the entire claim of the Bank towards Recovery Certificate would get satisfied. It appears that a proposal to this effect is infact given to the clients of Mr. Dhakephalkar. In that view of the matter, nothing would survive to be adjudicated in the present petitions.

The Respondent-Bank is accordingly permitted to withdraw the entire amount deposited in this Court alongwith accrued interest. The Respondent-Bank shall also recover the balance amount from the Accounts of M/s. Aditi Automobiles, Anil Govid Ghige and Sumedha Sanjay Joshi. The Bank shall provide account statement in respect of the Loan Account to the Petitioners immediately after the entire recovery process is over. If the Petitioners find that any excess recovery is made from them, they would be at liberty to adopt such proceedings as may be maintainable in law. With the above directions, the Petitions are disposed of.

2) With disposal of the petitions itself, Civil Application No.3/2025 and Interim Application No.342/2020 shall not survive. The same shall also stand disposed of.

Digitally signed by PRIYA RAJESH SOPARKAR Date:

2025.03.10 11:02:42 +0530 [SANDEEP V. MARNE, J.] PRIYA RAJESH SOPARKAR ___________________________________________________________________________ Page No.

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