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Bombay High CourtWP/10889/2024disposed off

Auxilo Finserve Private Limited And ANR v. The State Of Maharashtra And ORS

2024-12-18Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

912. WP-10889-24doc BDP-SPSBHARAT DASHARATH PANDIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10889 OF 2024 BHARAT DASHARATH PANDIT Date: 2024.12.18 17:40:40 +0530 Auxilo Finserve Private Limited & Another .... Petitioners.

V/s State of Maharashtra and Others .... Respondents.

WITH INTERIM APPLICATION NO.12978 OF 2024 IN WRIT PETITION NO.10889 OF 2024 Chaitanya Bahuuddeshiya Shikshan Prasarak Mandal & Others .... Applicants.

In the matter between Auxilo Finserve Private Limited & Another .... Petitioners.

V/s State of Maharashtra and Others .... Respondents.

----- Mr. Charles Desouza a/w Mr. Nikhil Rajani i/b V. Deshpande & Co., Advocates for the petitioners.

Mr. Samir Vaidya i/b Mr. D.V. Sutar, Advocates for the applicantsInterveners in IA/12978/2024. Mr. Dashrath Ganpati Kale, Chairman of the applicant no.1 in IA/12978/2024 is present.

Mr. B.V. Samant, Additional Government Pleader a/w Mr. S.P. Kamble, Assistant Government Pleader for the respondent-State. ----- 1/2

912. WP-10889-24doc CORAM: A.S. CHANDURKAR & RAJESH S. PATIL JJ.

DATE: 18TH DECEMBER 2024 P.C.:- 1] Mr. Samir Vaidya, learned counsel has tendered an affidavit of compliance on behalf of the applicants/interveners. We have perused the same. In the light of the statements made in paragraph 7 thereof read with communication dated 06/12/2024 issued by the petitioners being foreclosure letter it was put to the applicants that they could show their bonafides and deposit an amount of Rs 1,20,00,000/- with the petitioners. The same could be done in two equal installments of Rs 60 lakhs each. On the instructions of Mr. Dashrath Ganpati Kale, Chairman of the applicant no.1 who is present in Court on behalf of the applicants, it is stated that an amount of Rs 60 lakhs would be deposited with the petitioners within a period of three weeks from today and further amount of Rs 60 lakhs within the next three weeks. Such deposit would be without prejudice to the rights and contentions of either parties. Statements made are accepted as an undertaking to the Court.

2] Stand over to 05/02/2025.

3] Parties to act on the authenticated copy of this order. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J.] 2/2