Disposed

Vijay Cine Services Pvt. Ltd. and 3 Ors. v. the State of Maharashtra and 4 Ors.

Bombay HC17 Jul 2018WP/2103/2018

Case brief

AI extract

What is this about?

The High Court declined to entertain a writ petition regarding a flat dispute, directing the petitioners to utilize the alternate remedy available before the Debt Recovery Tribunal. Subsequently, upon receipt of an undertaking from petitioners, the Court accepted it to dispose of the petition while granting a four-week deferment for the respondent Bank to take possession. The Court affirmed the DR

What did the court decide?

Petition disposed after recording undertaking; possession to be handed over upon DRT outcome; Bank relief deferred for 4 weeks.

Vijay Cine Services Pvt. Ltd. and 3 Ors. Vs the State of… — Property and Title | Bombay HC (2018)

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wpl 2356-18.doc

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DDR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2356 OF 2018

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Vijay Cine Services Pvt. Ltd. & ors. ...Petitioners vs. The State of Maharashtra & ors. ...Respondents

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Mr. Arshad Shaikh i/b. Mr. Sandeep V. Bane for the petitioners. Mr. A.R. Gole for Bank.

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Mr. Mohit Jadhav, AGP for State.

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CORAM : A.A. SAYED & M.S. KARNIK, JJ. DATE : JULY 17, 2018

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P.C.:

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Inasmuch as the Petitioners have an alternate remedy before the DRT, we are not inclined to entertain the Petition. The Petitioners may invoke the remedy available before the DRT.

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We take on record the Undertaking of the Petitioners tendered by learned Counsel for the Petitioners which reads as under :-

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That pursuant to this Writ Petition, the Petitioner is desirous of approaching the DRT for seeking appropriate reliefs.

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As called upon by this Hon'ble Court, the Petitioners undertake that in the event of the Petitioners not being able to get appropriate reliefs from the DRT contrary to the claim of the Respondents within four weeks from today, the Petitioners

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wpl 2356-18.doc

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DDR

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shall handover possession of Flat No.701, Sanket Apartment, 14^th Road, Chembur, Mumbai - 400 071 to the Court Commissioner immediately thereafter on the date conveyed by the Commissioner.

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The Petitioners in order to show their bonafides agree to deposit an amount of Rs.20,00,000/- on or before the end of working day of 20^th July, 2018.

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We record the statement of learned Counsel for the Petitioners (on instructions), that in the event the Undertaking is not complied with or no protective orders are passed by DRT within 4 weeks from today, physical possession of the flat in question i.e. Flat No. 701, Sanket Apartment, 14^th Road, Chembur, Mumbai - 400 071, shall be handed over to the Respondent-Bank on 16^th August, 2018 at 12.00 noon.

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We accept the Undertaking and dispose of the Petition.

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The Respondent – Bank shall defer taking possession of the said Flat No.701 for a period of 4 weeks. We make it clear that the DRT shall be free to pass orders as it deems fit without being influenced by this order. All contentions of the parties are open.

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(M.S. KARNIK, J.)

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(A.A. SAYED, J.)

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Vijay Cine Services Pvt. Ltd. and 3 Ors. v. the State of Maharashtra and 4 Ors.

Case brief

What is this about?

What did the court decide?

Vijay Cine Services Pvt. Ltd. and 3 Ors. v. the State of Maharashtra and 4 Ors.

Case brief

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What did the court decide?

What the court decided

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