The High Court of Bombay permitted the petitioner, a Co-operative Bank, to withdraw a writ petition and granted it one year to vacate suit premises, subject to conditions regarding rent and no third-party interests.
Permission granted to withdraw; one year time to vacate suit premises on undertaking conditions.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2312 OF 2006
The Maharashtra State Co-op.
Bank Ltd. ... Petitioner
V/s
Pratap Narandas ... Respondent
Mr. B.G. Vidya for the petitioner.
Mr. Divyakant Mehta i/by Divyakant Mehta & Associates
for the respondent.
CORAM: P.V. KAKADE, J.
DATED: 5TH APRIL, 2006
P.C.:
1. Heard learned counsel for both parties.
2. After hearing both parties, in the course of the
argument, finally, the learned counsel for the
petitioner sought permission to withdraw the petition
and made submission that some time should be granted to
him to vacate the suit premises.
3. In view of the facts and circumstances, the
permission to withdraw the petition is granted.
2
Petition stands dismissed as withdrawn with no order as
to costs.
4. The petitioner is a Co-operative Bank and,
therefore, the petitioner is allowed one calendar year’s
time from today to vacate the suit premises on
furnishing undertaking to this Court to that effect and
with condition that no third party interest would be
created during the said period and they shall continue
to pay the rent as agreed. The undertaking to be
furnished within two weeks.
1 issue framed by the court
Whether to grant permission to the petitioner to withdraw the writ petition and vacate suit premises.
The Maharashtra State Co-op. Bank Ltd.
Pratap Narandas
P.V. KAKADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court