In a writ petition by depositors against a bank, the court directed the bank to return deposited sale proceeds within a week. Upon return, the bank can sell the secured asset again. The petition was disposed of.
Directed respondent no. 1 to return deposited sale price within a week. Upon return, bank may sell secured asset again.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
3-WP.2027.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 2027 OF 2021
Pooja Mayuresh Mumbarkar } and Anr. } Petitioner versus Union Bank of India and Ors. } Respondents
Mr. Sidharth Samantaray with Ms. Jagruti Bhise i/b. Mr. Vivek V. Phadke for the petitioner.
Ms. Savita Nangaqre i/b. Atham Legal for respondent no. 1.
Ms. Jyoti Chavan, AGP for respondent nos. 3 and 4 (State).
CORAM :- DIPANKAR DATTA, CJ & M. S. KARNIK, J.
DATE :- DECEMBER 21, 2021
PC :-
1. Ms. Nangare, learned advocate representing the respondent no. 1 submits, on instructions, that the respondent no. 1 is willing to return the sale price deposited by the petitioners. Mr. Samantaray, learned advocate for the petitioners submits that if the sale price deposited by the petitioners is returned, they are inclined not to press this writ petition and seek withdrawal thereof.
2. Having regard to the aforesaid submissions, we direct the respondent no. 1 to return the sale price deposited by the petitioners within a week from date of receipt of a copy of this
Page 1 of 2
J.V.Salunke,PS
3-WP.2027.2021
order. Once the sale price is returned, the respondent no. 1 will be at liberty to put the secured asset for sale by auction or otherwise, in accordance with law.
3. The writ petition stands disposed of. There shall be no order as to costs.
(M. S. KARNIK, J.) (CHIEF JUSTICE)
Digitally signed byPRAVIN PRAVINDASHARATH DASHARATHPANDIT PANDIT Date: 2021.12.22 10:37:20 +0530
Page 2 of 2
J.V.Salunke,PS
Pooja Mayuresh Mumbarkar
Union Bank of India
Dipankar Datta
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
