Disposed

Bhandari Mandal and 3 Ors. v. the Bhandari Co-Op. Bank Ltd. and Anr.

Bombay HC18 Sept 2008NMS/3070/2008

Case brief

AI extract

What is this about?

High Court disposed of a notice of motion in a suit regarding possession of premises. Defendant bank, in possession, assured no encumbrance. Court referred the dispute between co-op society and bank to a mediator for mediation.

What did the court decide?

Notice of motion disposed of; suit hearing expedited; A.S. Mediator appointed to submit report within 8 weeks.

Bhandari Mandal and 3 Ors. Vs the Bhandari Co-Op. Bank… — Property and Title | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3070 OF 2008 IN SUIT NO. 2635 OF 2008

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Bhandari Mandal & Ors. .....Plaintiffs.

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V/s

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The Bhandari Co-operative Bank Ltd and anr. ..... Respondents. -----

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Mr. P.K. Dhakephalkar i/b Chitnis Vaithy & Co. for the plaintiffs.

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Mr. S.V. Kadam for defendant No.2.

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Mr. Q.M. Ashfaq, P. Shennoy i/b Legaleye Venture for defendant No.1.

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CORAM: V.M. KANADE, J. DATE : 18^th SEPTEMBER, 2008

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P.C.:

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Heard the learned Counsel for the plaintiffs and the learned Counsel for the defendants.

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Defendant No.1 is admittedly in possession of the suit premises. Defendant No.1 is a Bank. Counsel for defendant No.1 submits that the Bank is having its Branch in the said premises and is carrying out its banking operations from the said place. He makes a statement that the Bank shall not create any third party rights or sell the said premises to any third party or create any encumbrance in respect of the said property which is in their possession, pending the suit.

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In view of this statement, it is not necessary to grant any ad-interim relief in terms of the notice of motion. Notice of Motion is accordingly disposed of. Hearing of the suit is expedited.

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However, though the notice of motion is disposed of, the dispute, essentially, is between the Bhandari Mandal and Others and the Bhandari Co-operative Bank Ltd. It is the case of the plaintiffs that the assurance was given that the premises in which the Bank is carrying on their business was meant to be reserved for community hall. The learned Counsel for the plaintiffs also invited my attention to the Resolution passed by the Bank in its meeting which is annexed to the plaint. Since the issue involved here is regarding the interest of the Bhandari Community at large, in my view, it would be appropriate if the matter is referred to the Mediator for mediation. Accordingly, by consent of the parties, Mr. S.G. Deshmukh is appointed as Mediator for mediation. The Mediator shall submit his report, if possible, within 8 weeks.

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Stand over for eight weeks.

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Bhandari Mandal and 3 Ors. v. the Bhandari Co-Op. Bank Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

Bhandari Mandal and 3 Ors. v. the Bhandari Co-Op. Bank Ltd. and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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