Allowed

Mr. Sujit Himat Mutha and Ors. v. Magazine Bungalow Bhadekaru Malki Sahakari Graha Nirman Sanstha Maryadit and Anr.

Bombay HC2 Sept 2016CAW/190/2016

Case brief

AI extract

What is this about?

Single judge recalled the previous status quo order allowing the applicant to raise finance from Financial Institutions on immovable property upon filing an affidavit undertaking not to sell the property or constructions thereof during the pendency of the writ petition.

What did the court decide?

Recalled status quo order dated 26.07.2000; permitted raising finance from Financial Institutions subject to undertaking not to sell property during pendency of writ petition.

Mr. Sujit Himat Mutha and Ors. Vs Magazine Bungalow… — Property and Title | Bombay HC (2016)

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22.190.16-can

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FARAD CONTINUATION SHEET

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.190/2016 IN WRIT PETITION NO.2375/2000

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Office Notes, Office Memoranda of Coram, Appearances, court’s orders or directions and Registrar’s orders

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Court’s or Judge’s orders

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Mr. D. D. Ranaware for the applicant

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Mr. S. B. Kalel, AGP for the respondent Nos.1 to 4. Mr. Abhijeet Patil i/b. Vijay Patil for respondent Nos.7 to 9.

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CORAM : K. K. TATED, J. DATE : SEPTEMBER 2, 2016

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P.C.:

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Heard. This application is for recalling the status quo order dated 26.07.2000 passed by this court with respect to plot Nos.37 to 41 of CTS No.495 of Sadar Bazar, Satara.

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The learned counsel for the applicant submits that the applicant is owner of these plots. He already constructed a building on these plots and the said building is in his possession. He submits that because of status quo order dated 26.07.2000, it is not possible for the applicant to raise finance from Financial Institutions for his business purpose.

Basavraj G Patil

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22.190.16-can

After arguing for some time, the learned counsel for the applicant made a statement that the applicant is ready and willing to give an undertaking to this court that they will not sell those plots and/or constructions made till hearing and final disposal of the Writ Petition . He submits that the applicant wants to raise finance for his business purpose. Therefore, the applicant may be allowed to raise finance from Financial Institutions. He further submits that in case any adverse orders are passed against the applicant in the Writ Petition, he undertakes to clear the entire finance within six months. To that effect, the applicant Sujit Himat Mutha filed his affidavit cum undertaking dated 02.09.2016. Same is taken on record and marked “X” for identification. The learned counsel for the applicant submits that applicant / deponent Sujit Himat Mutha is present in court. Undertaking is accepted.

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In view of the above mentioned facts, following order is passed:

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a. The applicant is permitted to raise finance from Financial Institutions on plot Nos.37 to 41 of CTS No.495 of Sadar Bazar, Satara and constructions thereon.

Basavraj G Patil

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22.190.16-can

b. The undertaking cum affidavit dated 02.09.2016 filed by the applicant is accepted.

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c. The status quo order dated 26.07.2000 passed by this court is recalled.

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d. Liberty granted to the applicant to move before the Revenue Authority for removing the remark from the property card, if any.

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e. Civil application stands disposed off accordingly.

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f. Parties to act on an authenticated copy of this order.

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JUDGE

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Basavraj G Patil

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Mr. Sujit Himat Mutha and Ors. v. Magazine Bungalow Bhadekaru Malki Sahakari Graha Nirman Sanstha Maryadit and Anr.

Case brief

What is this about?

What did the court decide?

Mr. Sujit Himat Mutha and Ors. v. Magazine Bungalow Bhadekaru Malki Sahakari Graha Nirman Sanstha Maryadit and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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