Vrushali Umesh Pujari v. The Cosmos Co-Operative Bank Limited Through Chief General Manager

BHARAT DASHARATH PANDIT BHARAT DASHARATH PANDIT Date: 2025.05.02 20:58:57 +0530 1 906 WP-1829-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1829 OF 2025 Vrushali Umesh Pujari and Anr.

.... Petitioners.

V/s The Cosmos Co-op. Bank Ltd. And Ors.

....Respondents.

Mr. Kishor Patil a/w Mr. Pratik B. Rahade, Advocate for the petitioner. Mr. Nikhil Rajani a/w Mr. Dhruvam Gaikwad i/b M/s. V. Deshpande & Co. for the Respondent No.1.

Mr. A.I. Patel, Additional Government Pleader a/w Mr. P.G. Sawant, Assistant Government Pleader for Respondent Nos. 2 and 3. **** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 2nd MAY, 2025 P.C. :

1] An Undertaking has been furnished on behalf of the Petitioners duly signed by them and their learned counsel, wherein the manner in which the outstanding dues of Respondent No.1 are promised to be cleared is stipulated. The learned counsel appearing for Respondent No.1 has no objection for accepting the said Undertaking. Accordingly the Undertaking is taken on record and marked "A" for identification. 2] In addition to what has been stated in the Undertaking, it is directed that on failure on the part of the Petitioners to comply with the terms (i) and (ii) of the Undertaking, they shall voluntarily handover possession of the mortgaged/hypothicated property at the end of the period stated therein which is on 09.06.2025. It is further directed that the Petitioners shall not create any third party rights in the subject property till the outstanding dues are paid. Needless to state that the BDP-SPS 1/2

2 906 WP-1829-25.doc Respondent No.1 shall not take any steps to dispossess the Petitioners till 09.06.2025.

3] The writ petition is disposed of in the aforesaid terms. All order.

4] List for reporting compliance on 13/06/2025.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 2/2