K K B Properties P Ltd And ORS v. Samarath Sahakari Bank Ltd And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10105 OF 2024 SNEHA ABHAY DIXIT K.K.B. Properties Pvt. Ltd., Mumbai and Ors.

.. Petitioners Vs.

Samarth Sahakari Bank Ltd., Pune and Ors.

.. Respondents SNEHA ABHAY DIXIT Date: 2024.11.18 18:49:40 +0530 Ms. Aneesa Cheema, i/by Mr. Vivek V. Phadke and Mr. Saurabh Wardhan, Advocates for the Petitioners.

None for the Respondents.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 18TH NOVEMBER 2024.

P.C. :

1.

Despite service, there is no appearance on behalf of the respondent no.1.

2.

We have heard the learned counsel for the petitioners and we have perused the documents on record. It has been pointed out that in accordance with the communication dated 4th March 2024 (page 32 of the writ petition), the petitioners have paid an amount of Rs.1 crore to the respondent no.1-Bank before 31st March 2024. Despite such re-payment, No Dues Certificate in favour of the petitioners has not been issued. It is also noted that the accounts of the petitioners that were freezed at the instance of the respondent no.1-Bank were directed to be de-freezed vide 1/2 21-WP-10105-2024.doc Dixit

the communication dated 19th March 2024 issued to the ICICI Bank Ltd., Nariman Point Branch, Mumbai.

3.

To enable the respondent no.1-Bank to respond to the prayer clauses (a) and (b) in the writ petition, a final opportunity is granted. The learned counsel for the petitioners to serve copy of this order on the respondent no.1-Bank with an intimation that the writ petition would be considered on 28th November 2024. List under the caption of "Directions" on that day. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 21-WP-10105-2024.doc Dixit