Sunita Shridhar Pujare v. State Of Maharashtra Thr Government Pleader And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17029 OF 2024 Sunita Shridhar Pujare .. Petitioner Vs.

State of Maharashtra and Anr.

.. Respondents Mr. Sanjay Anabhawane, Advocate for the Petitioner. Mr. P.G. Sawant, Assistant Government Pleader for Respondent No.1-State of Maharashtra.

Mr. R.L. Motwani, Advocate for Respondent No.2. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 7TH JANUARY 2025.

P.C. :

1.

Heard learned counsel for the parties.

2.

The petitioner in this writ petition has prayed for extending the time to comply with the orders dated 29th August 2024 and 25th September 2024 passed by the Debts Recovery Tribunal in Securitization Application No.328 of 2024. By the said orders, the petitioner was directed to deposit an amount of Rs.6,94,953/- within the stipulated time. 3.

Pursuant to the time granted by this Court, it is informed that as of today the amount of Rs.6,94,953/-, as reflected in the order dated 29th August 2024, has been paid by the petitioner. 4.

The learned counsel for the respondent no.2 today submits that 1/2 16-WP-17029-2024.doc Dixit

there are some further amounts that are to be recovered from the petitioner.

5.

We find that the Tribunal accepted the statement made on behalf of the respondent no.2 that on payment of an amount of Rs.6,94,953/-, the petitioner's account would be regularized. The said amount stands paid by the petitioner. In that view of the matter, the following directions would serve the ends of justice :- (a) It would be open for the respondent no.2 to move the Debts Recovery Tribunal in Securitization Application No.328 of 2024 for seeking adjudication of the exact amount of dues from the petitioner.

(b) If such application is made, the Debts Recovery Tribunal shall decide the same in accordance with law. (c) Since the petitioner has paid the amount of Rs.6,94,953/-, as indicated in the order dated 29th August 2024 passed by the Debts Recovery Tribunal in Securitization Application No.328 of 2024, no precipitative steps shall be taken by the respondent no.2 until the final amount due and payable by the petitioner, if any, is adjudicated by the Tribunal. 6.

Keeping all points on merits open, the Writ Petition is disposed of. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2025.01.07 17:41:35 +0530 Dixit SNEHA ABHAY DIXIT 16-WP-17029-2024.doc