M/S. Aditi Automobiles and Anr. vs Greater Bombay Co-Operative Bank Ltd. and Ors. — Bombay HC (2025) — LawSathi Research

M/S. Aditi Automobiles and Anr. vs Greater Bombay Co-Operative Bank Ltd. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The Respondent-Bank was permitted to withdraw the entire amount deposited in this Court alongwith accrued interest and to recover the balance amount from the Accounts of M/s. Aditi Automobiles, Anil Govid Ghige and Sumedha Sanjay Joshi; the Bank is to provide the Loan Account statement to the Petitioners after completion of the recovery process, with liberty to the Petitioners to pursue any maintainable proceedings if excess recovery is found; both petitions, Civil Application No.3/2025 and Interim Application No.342/2020 were disposed of.

Issue for consideration

Whether anything remains to be adjudicated in the petitions, given that the Bank's claim towards the Recovery Certificate would be satisfied by withdrawal of the amount deposited in Court together with accrued interest and recovery of the balance amounts from the Accounts of the borrower and guarantor.

Court's answer

Nothing survives to be adjudicated in the present petitions, as the entire claim of the Bank towards the Recovery Certificate would get satisfied through withdrawal of the deposited amounts and recovery of the balance amounts.

Ratio / Principle

The Respondent-Bank is permitted to withdraw the entire amount deposited in this Court alongwith accrued interest.

Key takeaways

The Respondent-Bank shall recover the balance amount from the Accounts of M/s. Aditi Automobiles, Anil Govid Ghige and Sumedha Sanjay Joshi.ratio¶13
The Bank shall provide the account statement in respect of the Loan Account to the Petitioners immediately after the entire recovery process is over; if the Petitioners find that any excess recovery has been made from them, they are at liberty to adopt proceedings maintainable in law.ratio¶13
With the above directions, the Petitions are disposed of.

Detailed headnote1 paragraphs

Recovery Certificate – Greater Bombay Co-operative Bank Ltd. – W.P. 2955 of 2024 (M/s. Aditi Automobiles & Anr.) and W.P. 3909 of 2016 (Sou. Sumedha Sanjay Joshi) disposed of on 7 March 2025 by Justice Sandeep V. Marne. In W.P. 3909/2016 the Court had earlier directed deposit of Rs.15,00,000/-, which was made. As the Bank's claim towards the Recovery Certificate would be fully satisfied by withdrawal of the Court-deposited amount with accrued interest plus recovery of balances lying in the Accounts of the borrower and guarantor, nothing survived for adjudication. The Bank was permitted to withdraw the entire deposited amount with accrued interest and to recover the balance amount from the Accounts of M/s. Aditi Automobiles, Anil Govid Ghige and Sumedha Sanjay Joshi. The Bank must furnish the Loan Account statement to the Petitioners immediately after the recovery process concludes; the Petitioners remain free to adopt any maintainable proceedings if excess recovery is detected. Civil Application No.3/2025 and Interim Application No.342/2020 also stood disposed of with the petitions.

NEETA SAWANT 49-WP-2955-2024 & WP-3909-2016.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 2955 OF 2024

WITH

CIVIL APPLICATION NO. 3 OF 2025 M/s. Aditi Automobiles & Anr. ….Petitioners : Versus : Greater Bombay Co-operative Bank Ltd. and Ors. ….Respondents

WITH

WRIT PETITION NO. 3909 OF 2016 WITH INTERIM APPLICATION NO. 342 OF 2020 Sou. Sumedha Sanjay Joshi ….Petitioner : Versus : Greater Bombay Co-operative Bank Ltd. and Ors. ….Respondents Mr. Sachin Dhakephalkar, for the Petitioners. Mr. Vivek Walawalkar i/by. Mr. Sameer R. Bhalekar, for Respondent No.1. Ms. Sulbha D. Chipade , AGP for State.

CORAM : SANDEEP V. MARNE, J. Dated : 7 March 2025.

P.C. :

1) These petitions are in respect of Recovery Certificate issued by the Bank. It appears that in Writ Petition No.3909/2016, this Court

Page No. 1 of 2 7 March 2025

NEETA SAWANT 49-WP-2955-2024 & WP-3909-2016.docx

had directed deposit of amount of Rs.15,00,000/- in this Court which deposit is apparently made. Mr. Walawalkar, the learned Counsel appearing for the Bank would submit that in addition to deposited amount in this Court together with accrued interest, certain amounts are lying in the Accounts of the borrower and guarantor and if the Bank is permitted to withdraw the entire amount deposited in this Court with further liberty to recover the balance amounts from such Accounts, the entire claim of the Bank towards Recovery Certificate would get satisfied. It appears that a proposal to this effect is infact given to the clients of Mr. Dhakephalkar. In that view of the matter, nothing would survive to be adjudicated in the present petitions. The Respondent-Bank is accordingly permitted to withdraw the entire amount deposited in this Court alongwith accrued interest. The Respondent-Bank shall also recover the balance amount from the Accounts of M/s. Aditi Automobiles, Anil Govid Ghige and Sumedha Sanjay Joshi. The Bank shall provide account statement in respect of the Loan Account to the Petitioners immediately after the entire recovery process is over. If the Petitioners find that any excess recovery is made from them, they would be at liberty to adopt such proceedings as may be maintainable in law. With the above directions, the Petitions are disposed of.

2) With disposal of the petitions itself, Civil Application No.3/2025 and Interim Application No.342/2020 shall not survive. The same shall also stand disposed of.

Digitally signed by PRIYA PRIYA RAJESH RAJESH SOPARKAR SOPARKAR Date: 2025.03.10 11:02:42 +0530

[SANDEEP V. MARNE, J.]

___________________________________________________________________________ Page No. 2 of 2 7 March 2025