Kishor Himatlal Mehta v. Union Of Bank Of India

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:

2024.04.26 17:03:16 +0530 UTKARSH KAKASAHEB BHALERAO Mr.Charles D'souza a/w Roshan Gaud, Advocates for Union Bank of India/Respondent No.1.

Mr.Deepak Chitnis, Advocate for Krishna Developers Private Limited.

CORAM

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

DATE : APRIL 26, 2024 (in Chambers at 4.30 p.m.) P. C.

1.

Mr.Chitnis, the learned counsel appearing on behalf of the Krishna Developers Private Limited submitted that pursuant to order dated 15th April, 2024 Krishna Developers Private Limited had agreed to vacate the 5th floor premises of the 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-400056, by 27th April, 2024. He submitted that the said Krishna Developers Private Limited require time till 2nd May 2024 to vacate the premises because they are in the process of entering into a leave and license agreement with another party in relation to some other premises where they would be moving after vacating the 5th floor premises in the said building. He submitted that this time is required because the licensor of the new premises is unavailable to execute the leave and license agreement. He further submitted that Krishna Developers Private Limited, through their directors, would give written undertaking to the Court that they would vacate the 5th floor premises of the said building on 2nd May 2024 and handover the same to the 1st Respondent Bank. 2.

Considering these peculiar circumstances, purely on humanitarian ground, we direct that Krishna Developers Private Limited shall handover vacant and peaceful possession of the 5th floor premises in the said building to the Authorized Officer of the 1st Respondent Bank on 2nd May 2024 at 11.00 a.m.

3.

The written undertaking to this effect shall be filed by the Directors of Krishna Developers Private Limited by 29th April, 2024 and copy of the same shall be served on the advocates for the 1st Respondent Bank.

4.

In these circumstances, we now place the above matter on 3rd May 2024 at 4.30 p.m. in Chambers.

5.

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