Disposed

M/S Nakshatra Advertising, Thr. Proprietor, Rajendra S/O Krushnarao Guhe v. Umiya Urban Co-Operative Bank Mydt. Thr. Chief Executive Officer and Another

Bombay HC9 Aug 2023WP/4944/2023

Case brief

AI extract

What is this about?

The petitioner sought deferral of possession recovery due to a pending One Time Settlement proposal. The Court deferred possession for 12 days but directed the petitioner to deposit Rs. 10 Lakhs as a condition.

What did the court decide?

Direction to deposit Rs. 10 Lakhs within 12 days; possession to remain deferred pending deposit and bank's decision on OTS.

M/S Nakshatra Advertising, Thr. Proprietor, Rajendra S/O… — Consumer Protection | Bombay HC (2023)

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963-WP-4944-2023.odt 1

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.

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WRIT PETITION NO.4944 of 2023

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M/s Nakshatra Advertising through its Proprietor-Rajendra s/o Krushnarao Guhe

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vs.

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Umiya Urban Co-operative Bank, through its Chief Executive Officer and anr.

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--------------------------------------------------------------------------------------------------------Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

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Shri N.L.Jaiswal, Advocate for petitioner. Shri Sanjay Patrikar, Advocate for respondent-Bank.

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CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ. DATE :- 9^th AUGUST, 2023

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P. C.

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Heard.

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The petitioner has made a representation dated 21.07.2023 with the Bank praying that his proposal for One Time Settlement (OTS) of outstanding amount be considered in the light of the Government Resolution dated 27.04.2023. The respondent no.1-Bank has issued a possession notice by which the possession is to be taken tomorrow. According to the learned counsel for the petitioner, since it’s proposal seeking settlement of the account is pending with the respondent no.1-Bank, the taking over of possession be deferred till the proposal is decided. According to the petitioner, the outstanding amount is Rs. 14,04,831/- as well as Rs.5,26,669.50.

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According to the learned counsel for the respondent no.1-Bank the outstanding amount due and payable is almost Rs.45 Lakhs. The petitioner has failed to repay the outstanding amount and hence no relief be granted to the petitioner.

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Since the petitioner’s request for OTS is pending with the respondent no.1-Bank which is dated 21.07.2023 and he has been called upon to hand over physical possession on 10.08.2023, the

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963-WP-4944-2023.odt 2

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following order would meet the ends of justice :

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(i) Within period of twelve days from today, the petitioner shall deposit Rs.Ten Lakhs with the respondent-Bank without prejudice to his rights and contentions.

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(ii) Subject to such deposit, the action of taking over of physical possession shall be deferred for a period of twelve days. On failure of the petitioner to deposit an amount of Rs.Ten Lakhs within the said period, the Bank is free to act in accordance with the notice dated 07.08.2023 given to the petitioner. Within the aforesaid period of twelve days, the Bank shall decide the petitioner’s application for OTS dated 21.07.2023.

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(iii) Keeping all points on merits raised in the writ petition open, it is disposed of in aforesaid terms. No costs.

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(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)

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Andurkar.

M/S Nakshatra Advertising, Thr. Proprietor, Rajendra S/O Krushnarao Guhe v. Umiya Urban Co-Operative Bank Mydt. Thr. Chief Executive Officer and Another

Case brief

What is this about?

What did the court decide?

M/S Nakshatra Advertising, Thr. Proprietor, Rajendra S/O Krushnarao Guhe v. Umiya Urban Co-Operative Bank Mydt. Thr. Chief Executive Officer and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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