The High Court dismissed a writ petition seeking a mandate to decide a pending interim application for an extension of time to deposit dues and seeking restraint on physical possession of flats, finding the petition meritless due to non-regularization of the bank account despite ample opportunities.
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.
12 wp 336-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 336 OF 2024
LAXMI SUBHASH SONTAKKE
Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2024.01.17 17:51:47 +0530
Hotel New Zelam & Ors. .. Petitioners
Versus
Model Co-op. Bank Ltd. & Anr.
.. Respondents
Mr. Avinash Fatangare and Dinesh Rajpurohit i/b. Archana Shelar for the Petitioners.
Mr. R. Motwani for the Respondent No.1.
CORAM : B. P. COLABAWALLA &
SOMASEKHAR SUNDARESAN, JJ. DATE : JANUARY 15, 2024
P. C.
Laxmi
12 wp 336-24.doc
pending before the learned Presiding Officer DRT-I, Mumbai and the same has not been decided till date. He submitted that in the said application, the Petitioners have sought an extension of four weeks to deposit the balance amount and in the meanwhile continue the order dated 27th July, 2023 passed by the Presiding Officer DRT-I, Mumbai in S.A. No. 147 of 2023. He submitted that the urgency in moving the above matter is because physical possession of the said flats mentioned above, is to be taken tomorrow.
Page 2 of 3 JANUARY 15 2024
Laxmi
12 wp 336-24.doc
given to the Petitioner to make payment of the outstanding amounts to regularize their account with the 1st Respondent-Bank. This exercise has been going on since July, 2023. Despite this, the account has not been regularized. In fact, according to the 1st Respondent-Bank, to regularized the account, approximately Rs. 82 Lacs would be payable by the Petitioners. When we inquired from the Petitioners as to when they would be able to pay this amount, the learned Advocate appearing for Petitioners requested that atleast eight weeks’ time would be required. We find that this would be highly unreasonable considering that this discussion has been going on since July 2023.
[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]
Page 3 of 3 JANUARY 15 2024
Laxmi
1 issue framed by the court
Whether the writ petition challenging the non-decision on an interim application and seeking stay of possession of secured assets has merit.
Laxmi Subhash Sontakke
Model Co-op. Bank Ltd.
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
