Petitioners filed an undertaking to clear debt, sell mortgaged property by 31.05.2023, withdraw DRT proceedings, and cease further litigation. The court accepted the undertaking and disposed of the writ petition.
Writ Petition disposed of upon acceptance of undertaking by petitioners.
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1.wp.6221.2023.doc
Chaitali Ekke
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6221 OF 2023
M/S Jijau Developers Thr. Sonali Ramdas Ghawate And Anr.
…Petitioners
Versus
State Of Maha. And Ors …Respondents
Mr. Sumit V. Khaire, for Petitioners.
Ms. B.V. Samant, AGP for State-Respondent Nos. 1 & 2. Mr. Prafulla Shah i/b Ms. Gunjan Shah, for Respondent Nos. 3 & 4.
CORAM : RAJESH S. PATIL, J. VACATION COURT DATED : 12th MAY 2023
P.C.:
1 Advocate for Petitioner tenders undertaking of Petitioner
No.2 and a photo copy of undertaking of Petitioner No.2’s wife Sonali Ramdas Ghawate who is the Petitioner No.1. Since Petitioner No.1 is not present in court, Advocate for Petitioners state that her undertaking was prepared at Shirur, District Pune. He further undertakes that the original undertakings of Petitioner No.1 will be filed in this court within a period of three working days from today.
2 The undertaking of Petitioner No.2 is taken on record and marked “X” for identification. For ease of reference, the said undertaking of Petitioner No.2 is reproduced hereinbelow :
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3 Petitioners by this undertaking had admitted that a sum of
Rs. 8,48,07,634/- would be outstanding by 31.05.2023. Petitioners have further stated that they desire to sale the mortgaged property after obtaining NOC from the Bank-Respondent No.3. He stated that after disposing of the property in any case before 31.05.2023, they will pay the entire amount of Rs. 8,48,07,634/- to the Bank-Respondent No.3. They further state that in case they are not able to dispose of the
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mortgaged property by 31.05.2023, they will hand over the possession of the entire mortgaged property to the Bank-Respondent No.3, immediately without any further recourse or reference to any court. They also further state that for clarification that mortgaged property means the total building including all galas except the galas which are sold earlier by consent of Bank-Respondent No.3. The photo copy of undertaking of Petitioner No.1 is taken on record and marked “Y” for identification. The undertaking tendered by Petitioners is the undertaking given to this court. Petitioner No.2 who is present in the court and Advocate of both Petitioners state that his client will comply with the undertakings given today. Petitioners have in clause 9 of the undertaking agreed that they shall withdraw all the proceedings before the DRT, Pune i.e. S.A. No. 130 of 2022, Revision No. 284 of 2022 and Revision No. 122 of 2023, pending before the Cooperative Authorities by 31.05.2023. They further undertake that they will not file any further fresh proceedings in respect of certificate under section 101 of Maharashtra Co-operative Societies Act, possession notice and attachment notice before any court of law.
4 They have also further undertake and state on both that they have not filed any other proceeding/Petition in this Hon’ble Court / Supreme Court or any other authorities as of today, except pending proceedings as mentioned in clause 9 of the undertaking filed
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today.
(RAJESH S. PATIL, J.)
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M/S Jijau Developers
State Of Maha.
Respondent No. 3
Respondent No. 4
Rajesh S. Patil
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
