Jugal Rameshbhai Sunavia vs The Manager,Axis Bank And Anr on 23 March, 2021

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Bombay High Court

Jugal Rameshbhai Sunavia vs The Manager,Axis Bank And Anr on 23 March, 2021

Bench: K.K.Tated, Abhay Ahuja

                                                                      19.954.21-wp.odt


                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
                                    CIVIL APPELLATE SIDE JURISDICTION
           signed by
           Basavraj
Basavraj   G. Patil
G. Patil   Date:                            WRIT PETITION NO. 954/2021
           2021.03.24
           17:44:41
           +0530



                        Jugal Rameshbhai Sunavia                     ..... Petitioner

                               Vs.

                        The Manager, AXIS Bank & Ors.                ..... Respondents


                        Mr. Narendra C. Walimbe for the Petitioner
                        Ms. Suvarna Joshi a/w. Anushree Koparkar a/w. Siddhant
                        Marathe I/b. Ashutosh Marathe for the Respondents


                                                    CORAM:    K.K.TATED &
                                                              ABHAY AHUJA, JJ.

DATED : MARCH 23, 2021 P.C. 1 Heard. Adv. Joshi states that she received instructions to appear on behalf of Respondent No.1. She seeks some time to file vakalatnama as well as Affidavit in Reply, if any.

2 By this petition under Article 226 of the Constitution of India the Petitioner seeks direction against Respondent No.1 Bank to issue fresh Demand Draft in favour of Mr.Prakash in the sum of Rs.20,00,000/- which was lost by the Petitioner.

3 The learned counsel for the Petitioner submits that the Demand Draft was issued by Respondent No.1 Bank on 20.08.2019 by debiting the sum of Rs.20,00,000/- in his Basavraj G. Patil 1/2 19.954.21-wp.odt account No.918020109220226 of Axis Bank, Nerul Branch, New Mumbai. Same was misplaced / lost by the Petitioner. He submits that thereafter the Petitioner had filed a police complaint to that effect. He submits that the Police Authority has also issued certificate dated 28.08.2019 to that effect (Exhibit-A, page 12 of the petition). As the Respondent Bank has failed and neglected to refund the said amount of Rs.20,00,000/- or fresh Demand Draft, the present petition has been filed.

5 Considering the submissions made by the learned counsel for the Petitioner and as the Advocate for the Respondents seeks some time to file reply, following order is passed:

a. Respondent No.1 to file reply on or before 09.04.2021.

b. Rejoinder, if any, shall be filed on or before 16.04.2021, with copy to other side.

c. Liberty granted to the Petitioner to file Affidavit of Service in the Registry on or before the next date.

S.O. to 22.04.2021.

(ABHAY AHUJA, J.)                           (K.K.TATED, J.)


Basavraj G. Patil                                                    2/2

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