Nainesh V Sanghavi v. Nkgsb Co-Op Bank Ltd And ORS

2-WP 16511.2025.doc Kavita S.J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16511 OF 2025 Nainesh V. Sanghavi HUF

...Petitioner

(Org. Applicant)

Versus

NKGSB Co-operative Bank Limited & Anr.,

...Respondents

---------- Mr. Ram Upadhyay i/b Law Competere Consultus for the Petitioner. Mr. Sanjay Anabhawane a/w Prafull Chipte i/b Ms. Medha Rane for Respondent No.1 - Bank.

---------- CORAM : R.I. CHAGLA AND ADVAIT M. SETHNA, JJ.

DATED : 5TH JANUARY, 2026.

ORDER :

1.

Mr. Anabhawane, learned Counsel appearing for the Respondent No.1 - Bank has submitted that the statement made to this Court and recorded in Paragraphs 4 and 5 of the said Order dated 24th December, 2025 has been complied with by Respondent No.1 - Bank removing the three encumbrances from the draft Sale Certificate which had been handed over to the Petitioner and which is KAVITA SUSHIL JADHAV annexed to the Affidavit of Respondent No.1 - Bank dated 24th by KAVITA SUSHIL JADHAV Date: 2026.01.06 12:48:00 +0530 December, 2025. He has further stated that the original Sale 1/2

2-WP 16511.2025.doc Certificate has been issued by Respondent No.1 - Bank to the Petitioner and quiet, vacant and physical possession of the said Flat has also been handed over by the Respondent No.1 - Bank to the Petitioner.

2.

Insofar as the statement made in Paragraph 6 of the Order dated 24th December, 2025, Mr. Anabhawane on instructions of the authorized officer of the Respondent No.1 - Bank states that the maintenance charges of the society shall be paid by the Respondent No.1 - Bank within a period of one week from today i.e. on or before 12th January, 2026. The statement is accepted. 3.

The Writ Petition shall be placed for compliance on 13th January, 2026.

[ADVAIT M. SETHNA, J.] [R.I. CHAGLA, J.] 2/2