Single judge allowed urgent interim relief directed deposit of Rs 15 lacs in court and stayed recovery actions against petitioners pending admission of writ petitions.
Petitioners directed to deposit Rs 15 lacs in six weeks; no action on recovery pending admission of petitions.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3909 OF 2016
Sou. Sumedha Sanjay Joshi : Petitioner. Versus Greater Bombay Cooperative Bank Ltd and ors. : Respondents.
ALONG WITH
WRIT PETITION STAMP NO.9902 OF 2016
M/s. Aditi Automobiles and anr. : Petitioners. Versus Greater Bombay Cooperative Bank Ltd and ors. : Respondents
Mr. Sachin Dhakephalkar for the Petitioners in both the Petitions. Mr. S.R. Bhalekar for the Respondent No.1 Bank.
CORAM : R. M. SAVANT, J. DATE : 29th April 2016
P.C.
2 The learned counsel for the Petitioners seeks leave to amend so as to annex communication dated 25.04.2016 received from the Special Recovery Officer of the Respondent No.1 Bank. Leave granted. Amendment to be carried out within one week from date.
3 The above Petitions have been moved on an urgent basis in view
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of the order dated 25/04/2016 passed by the Recovery Officer by which order the Recovery Officer has directed the Hindustan Petroleum Corporation Ltd (HPCL) to remit the commission due and payable to M/s Mauli Gas Services Ltd. forthwith without any further delay on 29th instant. The Petitioner in Writ Petition No.3909 of 2016 is the proprietor of the said M/s. Mauli Gas Services Ltd. which is an agent of the HPCL. By the order dated 02/04/2016 it was directed that though the symbolic possession of the flat of the Petitioner Sumedha Sanjay Joshi may be taken, no further steps should be taken pursuant to the symbolic possession until further orders of this Court. It is after the said order dated 02/04/2016 came to be passed, that the Recovery Officer has passed the instant order dated 25/04/2016 directing the remission of the commission payable to the said M/s.Mauli Gas Services Ltd.
5 The learned counsel appearing for the Petitioners Shri Sachin Dhakephalkar states that the Petitioners in the above Petitions are even ready to settle with the Respondent No.1 Bank and are ready to pay an amount of Rs.Fifteen lacs which according to them is due to the Respondent No.1 Bank.
6 The learned counsel for the Respondent No.1 Bank states that the outstanding amount is in the region of about Rs.Thirty One lacs. Be that as it may, the Petitioners are directed to deposit an amount of Rs.Fifteen lacs in this Court within six weeks from date. Until further orders of this Court, no action
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to be taken qua both the Petitioners either pursuant to the said letter dated 25/4/2016 or pursuant to the Section 101 certificate either by the Recovery Officer or the HPCL though not a party to the above Petitions for remission of the commission from the said M/s. Mauli Gas Services Ltd.
7 List both the Petitions for admission on 20/06/2016.
[R.M.SAVANT, J]
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1 issue framed by the court
Whether the petitioner can be directed to deposit a sum despite a dispute on the outstanding amount between the parties regarding recovery proceedings.
1 provisions across 1 enactments
Sou. Sumedha Sanjay Joshi
M/s. Aditi Automobiles
Greater Bombay Co-operative Bank Ltd
R. M. Savant
As recorded by the court registry
10 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
