Kishor Himatlal Mehta v. Union Of Bank Of India

1.wp.1249.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1249 OF 2024 Kishor H. Mehta .. Petitioner

Versus

Union Bank of India & Anr.

.. Respondents None for the Petitioner.

Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2024.04.16 17:55:19 +0530 UTKARSH KAKASAHEB BHALERAO Mr.Charles D'souza a/w Roshan Gaud, Advocates for Respondent No.1.

Mr.D.Y.Chitnis i/b Deepak Chitnis Chiplikar for Krishna Developers Private Limited.

CORAM:

B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE:

APRIL 15, 2024 P. C.

1.

By order dated 4th April 2024, possession of the secured asset namely; Residential building (9 storied) situated at Plot No.53, Nutan Laxmi CHS Ltd., North South Road No.9 bearing C.T.S. No.660, S.No.70, Sub Plot No.53 admeasuring 800 sq.yards in the Nutan Laxmi Co-operative Housing Society Ltd., North South Road No.9, J.V.P.D. Scheme, Vile Parle (West), Mumbai-400 056 standing in the name of Shri Kishore Mehta bounded by; Towards North:Plot No.52, Towards APRIL 15, 2024 Utkarsh

1.wp.1249.2024.doc South:Plot No.54, Towards East:Plot No.67, Towards West:40 feet wide Road No.9, was to be taken on 12th April, 2024. We had therefore kept the matter on board today for reporting compliance. 2.

Today when the matter is called out, we are informed that out of the 9 storied residential building, possession has been taken of all floors except the 2nd floor and the 5th floor. The person who is in occupation of the 2nd floor has requested for time to vacate till 27th April, 2024. As far as the person occupying the 5th floor premises is concerned, the learned advocate appearing for the said party has also stated that they would vacate by 27th April, 2024.

3.

In these circumstances, we now place the above matter on 29th April, 2024 at 4.30 p.m. in Chambers.

4.

We expect that both these parties shall vacate their respective premises on or before the next date. 5.

Personal Assistant of this Court. All concerned will act on production by [M. M. SATHAYE, J.] [B. P. COLABAWALLA, J.] APRIL 15, 2024 Utkarsh