In connection with S.A. No.101 of 2023 and I.A. No.1930 of 2026, this court granted a discharge of possession to the applicant contingent upon depositing Rs.5 Lakh by a specified deadline.
Stay of possession scheduled for 09.06.2026 deferred if applicant deposits Rs.5 Lakh by 11:30 a.m. on 09.06.2026.
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.
| 08.06.2026 | Exh. | Roznama-MDRT-III S.A. No.101 of 2023 |
Next date |
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| Mr Rajesh Khobarade, Advocate for the Applicant. Mrs Uma Fadia, Advocate for the Respondent. |
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| During hearing of I.A. No.1930 of 2026, Ld. Advocate for the Applicant submits that Applicant wants to settle amicably and ready to deposit some amount to show his bonafide. Ld. Advocate for the Respondent submits that Applicant failed to deposit any amount since 2023 and always sought for stay for many reasons. He also used political pressure so stay should not be made. Heard and considered. Perused the record. Since, Applicant is ready to deposit some amount to show there bonafide, hence, in the interest of justice, if Applicant deposits Rs.5 Lakh till 11:30 a.m. tomorrow i.e. 09.06.2026, the Respondent bank shall defer the possession scheduled on 09.06.2026 and remaining overdue amount within one |
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| month from today. | ||
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| In case there is failure on the part of the Applicant to deposit Rs.5 Lakh on or before 09.06.2026 by 11:30 a.m., the Respondent can proceed to take possession as per schedule. Accordingly, I.A. No.1930 of 2026 stands disposed of. |
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| In view of the undertaking of the Applicant’s nothing survives in SA, so, S.A. No.101 of 2023 stands disposed of. |
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| Tjs- 6 | File be closed and consigned to the record room. Sd/- I/c P.O. DRT-III, Mumbai At: DRT-II, Mumbai |
Closed |
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2 issues framed by the court
Whether the application for stay on possession should be allowed upon undertaking of deposit?
How much amount must be deposited by the applicant to obtain a stay on possession?
Applicant
Respondent
Respondent bank
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
