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Bombay High CourtWP/10614/2025dismissed

Dhanalaxmi Shree Nair And ANR v. Piramal Capital And Housing Finance Ltd. And ANR

2025-08-05Hon'Ble Shri Justice R. I. Chagla , Hon'Ble Shri Justice Farhan Parvez Dubash2 pages

1 906-WP 10614-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10614 OF 2025 Dhanalaxmi Shree Nair & Anr.

... Petitioners Vs.

Piramal Capital & Housing Finance Ltd. & Anr. ... Respondents ----- Mr. Rajkumar Chaphekar for the Petitioners.

Mr. V. G. Badgujar, AGP for the Respondent-State. ----- CORAM :

M.S. KARNIK & N.R. BORKAR, JJ.

DATE :

05TH AUGUST 2025 P.C. :

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2025.08.05 19:09:48 +0530 MUGDHA MANOJ PARANJAPE 1.

Heard Learned Counsel for the Petitioners.

2.

The Petitioners were sanctioned loan of Rs.1,00,88,860/- sometime in the year 2017. Learned Counsel for the Petitioners submits that from time to time installments were paid, amounting to Rs.67,00,000/-. However during the period of Covid-19 pandemic, the Petitioners faced serious difficulties in paying the installments and therefore there were default in payment of the said installments. Learned Counsel for the Petitioners submits that as of now the outstanding amount as per the Bank is Rs.1,29,00,000/-. Learned Counsel, on instructions, submits that the Petitioners are willing to settle the loan account and that they will take MMP

2 906-WP 10614-25.doc steps to submit the proposal in that regard. It is further, on instructions, submitted that to show the bona fides of the Petitioners, a sum of Rs.25,00,000/- will be deposited with Respondent No.1 within a period of four weeks from today. The statement is accepted. 3.

The aforesaid submissions are recorded without prejudice to the rights and contentions of Respondent No.1.

4.

Considering that secured asset, the possession of which is to be taken tomorrow, i.e., 6th August 2025, being a residential premises of the Petitioners, till next date, we are granting ad interim relief in favour of the Petitioners. The Petitioners not to be dispossessed till the returnable date. 5.

Issue notice to Respondent No.1, returnable on 10th September 2025. In addition to Court notice, private notice is permitted. (N.R. BORKAR, J.) (M.S. KARNIK, J.) MMP