Bombay High Court
Neela Yogesh Shah And Anr vs The Recovery Officer Attached To Malad ... on 22 December, 2021
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
915-wp [email protected] Gaikwad IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9400 OF 2021 Mrs. Neela Yogesh Shah & Anr. ...Petitioners V/s. The Recovery Officer attached to Malad Sahakari Bank Ltd. & Ors. ...Respondents AND WRIT PETITION NO.9402 OF 2021 Union Bank of India ...Petitioner V/s. Mrs. Neela Yogesh Shah & Ors. ...Respondents ----- Mr. Sidharth Samantrey with Mr. Kushal Sawant i/b. Mr. Puneet Gogad for for Petitioner in WP No.9400/21 & for Respondents in WP No.9402/21. Mr. Sanjay Anabhawane for Respondent Nos.1 & 2 in WP No.9400/21 & for Respondent No.4 in WP No.9402/21. Mr. Navin Arora i/b. Sagar & Sagar Law Office for Respondent No.3 in WP No.9400/21 & for Petitioner in WP No.9402/21. ----- CORAM : G. S. KULKARNI, J.
DATE : DECEMBER 22, 2021
PC :
1 Learned counsel for the petitioner makes a statement that his
client is willing to hand over possession of the commercial premises along with the plant and machinery namely Gala/Unit No.4 & 5 Dadoba Compound, AnjurPhata, Near Pritesh complex, Bhiwandi, Thane - 421302. The statement as made on behalf of the petitioner is accepted. 2 In view of such statement, the learned Counsel for the respondent No.2 makes a statement that his client shall not take steps to 1/2 ::: Uploaded on - 23/12/2021 ::: Downloaded on - 24/12/2021 01:52:29 ::: 915-wp [email protected] take possession of the residential premises namely A/504, 5 th Floor, Maitri Residency Ii CHS Ltd. Opp. Poisar Gymkhana, Mahavir Nagar, Kandivali (West), Mumbai - 400 067.
3 Having recorded the above arrangement between the parties, in my opinion, the petition needs to be disposed of with liberty to the petitioner to approach the Divisional Joint Registrar under Section 154 of the Maharahtra Co-operative Societies Act, 1960. Petitioner is at liberty to avail the alternate remedy. The revision be filed within two weeks from today. All contentions in that regard are expressly kept open. 4 Petition is disposed of. No costs.
(G. S. KULKARNI, J.) 2/2 ::: Uploaded on - 23/12/2021 ::: Downloaded on - 24/12/2021 01:52:29 :::