Writ petitioner agreed to file a suit in exchange for a status-quo order on recovery proceedings; petition dismissed with liberty to sue.
Purple petition dismissed with liberty to file suit; respondents restrained from further action under recovery certificate until 10th January 2012.
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1 13.wp-2326-11
I N THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
jmi
WRIT PETITION NO. 2326 OF 2011.
Smt. Shivangi D. Shah.
..Petitioner.
vs.
The Greater Bombay Co-op. Bank Ltd. & Ors. ..Respondents.
Mr. Snehal Shah, i/b. Lex Consultus, for Petitioner. Mr. U.R. Walavalkar, i/b. Sameer R. Bhalekar, for Respondent No.1.
CORAM : S.J. KATHAWALLA, J. DATE : 13TH DECEMBER 2011.
P.C. :
Heard the Learned Advocates appearing for the parties. Since the Petition involves disputed questions of facts, the Learned Advocate for the Petitioner agrees to file a Suit before the appropriate Court, subject to the Respondents maintaining status-quo as regards the recovery certificate/execution proceedings for a period of four weeks from today. In view thereof, the following order is passed :-
(i) The Writ Petition is disposed of as dismissed with liberty to the Petitioner to file a Suit before the Appropriate Court seeking necessary reliefs.
(ii) The Respondents shall upto 10th January 2012 not take any further action in pursuance of the Recovery Certificate impugned herein.
(iii) Needless to add that all the contentions of the parties are kept open and the Suit proposed to be filed by the Petitioner as well
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as the Applications made thereunder shall be decided on its own merits.
[ S.J. KATHAWALLA, J. ]
Smt. Shivangi D. Shah
The Greater Bombay Co-op. Bank Ltd.
S.J. KATHAWALLA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
