Chetan Ankush Kolap And ANR v. Axis Bank Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SNEHA ABHAY DIXIT CIVIL APPELLATE JURISDICTION by SNEHA ABHAY DIXIT Date: 2024.09.06 19:51:06 +0530 WRIT PETITION NO.7713 OF 2024 Chetan Ankush Kolap and Anr.

.. Petitioners Vs.

Axis Bank Ltd. and Ors.

.. Respondents Ms. Kavita Kondhalkar, i/by Mr. Shrishail Sakhare, Advocates for the Petitioners.

Mr. Chetan C. Agrawal with Mr. Sachin Pawar, Advocates for Respondent No.1.

Mr. N.C. Walimbe, Additional Government Pleader with Ms. K.N. Solunke, Assistant Government Pleader for Respondent Nos.3 and 4. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 6TH SEPTEMBER, 2024.

P.C. :

1.

Time is sought on behalf of the learned counsel for the petitioners on the ground that the arguing counsel is not available. 2.

The learned counsel for respondent no.1 submits that on 27th May 2024, this Court passed an ad-interim order on the condition that if amount of Rs.15 lakhs was deposited by 24th June 2024, the writ petition would be considered by the regular Bench. An amount of Rs.2 lakhs was deposited on the said date. Further amount of Rs.13 lakhs was to be deposited by 24th June 2024. A grievance is made by the learned counsel for respondent no.1 that except for deposit of the amount of Rs.2 lakhs, no further amount has been deposited. He invites attention to paragraph 6 of 1/2 909-WP-7713-2024.doc Dixit

the additional affidavit filed on behalf of the petitioners stating therein that amount of Rs.13 lakhs would be deposited within six weeks. Though this affidavit is dated 25th June 2024 and period of more than six weeks has elapsed, the said amount has not been deposited. It is thus clear that the ad-interim direction dated 27th May 2024 has not been complied with. 3.

Since the learned counsel for the petitioners is not available today, list the writ petition on 11th September 2024 under the caption of "Directions". We note that the interim direction has not been complied with. The prayer for vacating the interim relief would be considered on that date.

4.

The reply on behalf of the respondent no.1 is taken on record. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 909-WP-7713-2024.doc Dixit