Disposed

Rupee Co-Operative Bank Ltd. v. Shriram Narayan Shastri

Bombay HC4 Jun 2008CAW/1020/2008

Case brief

AI extract

What is this about?

The Hon'ble Court disposed of a civil application seeking modification of an interim order. It held that directing issuance of a No Dues Certificate would render the admitted writ petition infructuous. A limited stay was granted regarding another challenge petition.

What did the court decide?

Directed release of documents in custody without issuing No Dues Certificate or completing registration formalities; limited stay granted on a separate challenge petition.

Rupee Co-Operative Bank Ltd. Vs Shriram Narayan Shastri — Property and Title | Bombay HC (2008)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CIVIL APPELLATE JURISDICTION

¶2

 Civil Application no. 1020 of 2008
 in

¶3

 Writ Petition No. 1539 of 2008

¶4

 Rupee Coop.Bank Ltd. ..Applicant

¶5

vs.

¶6

 Shri Shriram Narayan Shastri ..Respondent

¶7

 Shri Nitin P.Deshpande for applicant
 Shri G.S.Godbole for respondent.

¶8

CORAM: S.C.DHARMADHIKARIJ.
4th June 2008

¶9

P.C.

¶10

 1. This civil application was placed before the regular
 Court but there is order of the regular Court directing
 that the same be placed before me as it seeks modification
 of my earlier order.

¶11

 2. I have heard Shri Deshpande appearing for the
 petitioner and Shri Godbole appearing for the respondents.

¶12

 3. Perused the civil application and annexures thereto.

¶13

 Shri Deshpande submits that once the writ petition is
 admitted, the amount as directed is deposited, then, there
 is no question of compliance with clause (3) of the
 operative order of the Cooperative Court dated 29th
 August, 2006. He submits that the dispute is partly

¶14

 decreed and that decree is upheld by the Appellate Court.
 However, the writ petition is admitted and if at this
 stage the Bank is directed to issue "No Dues Certificate"
 so also release the documents, the writ petition would be
 rendered infructuous.

¶15

 4. On the other hand, it is contended on behalf of the
 respondents that the interim relief was not granted by
 this Court at the stage of admission of the petition
 because there was a statement made by the petitioner Bank.
 In such circumstances, and when the appeal is admitted, so
 also the judgment of the Trial Court being not set aside,
 there must be compliance with the above clause.

¶16

 5. Alternatively and without prejudice, it is the
 respondents’ submission that if the Bank is directed to
 release the mortgaged property and complete the
 formalities of registration of the documents, the
 respondents would not insist upon "No Dues Certificate"
 being issued.

¶17

 6. In my view clause (3) is a mandatory order to issue
 "No Dues Certificate" with respect to the loan account.
 Once the writ petition is admitted and the orders are
 under scrutiny of this Court, then, it would not be proper
 to direct issuance of "No Dues Certificate". In any
 event, the respondents would be protected if the Bank is

¶18

 directed to release the documents which are in their
 custody subject to the outcome of the writ petition and
 without prejudice to their rights and contentions therein.
 The Bank, however, would not be called upon to complete
 the formalities as directed in the clause under reference.

¶19

 7. This order should be read in continuation with the
 order passed at the stage of admission of the writ
 petition. Civil Application stands disposed of in the
 above terms. No costs.

¶20

 8. This order is passed because Shri Deshpande has made a
 specific statement that the Bank would withdraw the writ
 petition stamp no.8786 of 2008 filed to challenge the
 order below Exh.15 of the Executing Court. A limited stay
 of the order of the Executing Court is granted in the
 above terms. Therefore, even otherswise the said petition
 challenging the order of Executing Court does not survive.

¶21

(S.C.DHARMADHIKARI J.)

Rupee Co-Operative Bank Ltd. v. Shriram Narayan Shastri

Case brief

What is this about?

What did the court decide?

Rupee Co-Operative Bank Ltd. v. Shriram Narayan Shastri

Case brief

What is this about?

What did the court decide?

What the court decided

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