Advocates:
['raval shah', 'company', 'Kuldeep U Nikam', 'V K Nair']

19.WP.1104.2021.doc

H. H. Sawant / Amberkar

IN

IN THE

THE HIGH

HIGH COURT

COURT OF

OF JUDICATURE

JUDICATURE AT

AT BOMBAY

BOMBAY

CIVIL

CIVIL APPELLATE

APPELLATE JURISDICTION

JURISDICTION

WRIT PETITION NO.1104 OF 2021

ICICI Bank Limited

A company incorporated under the Companies

Act, 2013 and a bank licenced under the

Banking Regulation Act, 1949 and having its

registered office at ICICI Bank Limited, Chakli

Circle, Near Old Padra Road, Vadodara 390007

it Corporate Office at, ICICI Bank Towers,

Bandra Kurla Complex, Mumbai 400 051, and

its Branch office amongst others at, ICICI Bank

Ltd, at Rajwada Chowk, Sangli, Taluka : Miraj,

District : Sangli – 416416.

through its Authorised Signatory Mr. Sourabh

Deshpande

.. Petitioner

Versus

Budhadeo Mukharji

Age : 67 years, Occupation-Service

Having its place of residence at : Devdatta

Complex Flat No.F-2, First Floor, C.T.S.

No.8368, Vishrambag, Tal. Muraj, Dist.Sangli-

416415.

.. Respondent No.1

Central Bank of India

Branch Vakhar Bhag, P. B. No.20, C.T.S.

No.183/1, Mahavirnagar, Tal. Miraj, Dist.Sangli-

416416.

.. Respondent No.2

Shirishkumar Tatyaso Chavan

Age : 42 Years, Occupation :Service

Having its place of residence at:Sanmati

Bungalow, Shantiban Colony, Dhamani Road,

Vishrambag, Tal. Miraj, Dist.Sangli-416145

.. Respondent No.3

....................



Mr. Anshul Anjarlekar i/by. Raval Shah and Co. for Petitioner



Mr. Kuldeep U. Nikam for Respondents

................…

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19.WP.1104.2021.doc

CORAM

: MILIND N. JADHAV, J.

DATE

: DECEMBER 07, 2022.

JUDGMENT:

1.

By the present Writ Petition filed under Article 226 & 227 of

Constitution of India, Petitioner has prayed for following reliefs :-

“a.

That this Hon’ble Court may be pleased to issue a Writ of

Certiorari or such other Writ in the nature of Certiorari or any

other writ, order or direction of this Hon’ble Court thereby

calling for the records and proceedings in respect of the said

impugned order dated December, 12 2018 [annexed hereto as

Exhibit A] and after verifying the legality and proprietary of the

same, the said impugned order be quashed and set aside and

thereafter allow the Misc. Civil Appeal No. 93 of 2018 of the

Petitioner filed before the District Judge, Sangli.

b.

That this Hon’ble Court may be pleased to issue Writ of

Mandamus or such other Writ in the nature of Mandamus or

any other writ, order or direction thereby directing the Learned

District Judge to restore the Misc. Civil Appeal No.93 of 2018

and thereafter hear the same on merits.”

2.

Petitioner is a Private Bank licenced under the Banking

Regulation Act, 1949 and carries on the business of banking.

Petitioner is aggrieved by order dated 12.12.2018 passed in

Miscellaneous Civil Appeal No.93 of 2018 by the District Judge, Sangli

(hereinafter referred to as the ‘impugned order’) whereby Misc. Civil

Appeal No.93 of 2018 came to be dismissed and the impugned order

passed below Exh. 5 dated 17.04.2018 in Regular Civil Suit No.394 of

2014 came to be confirmed. Petitioner is the original Defendant No.1

in Regular Civil Suit No. 394 of 2014. Regular Civil Suit No.394 of

2014 has been filed by Respondent No.1 (Plaintiff therein) for

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19.WP.1104.2021.doc

permanent injunction against the Petitioner Bank from disturbing his

possession in respect of the suit flat i.e. Flat No. 2, First Floor,

Devdatta Complex, admeasuring 70.61 sq. mtrs. situated within the

local limits of Miraj and Kupwad Municipal Corporation, Vishrambag,

Tal. Miraj, Dist. Sangli – 416 415. Exh. 5 Application was filed by

Respondent No.1 which came to be allowed vide order dated

17.04.2018 by the Trial Court. Being aggrieved, Petitioner Bank filed

Miscellaneous Civil Appeal No.93 of 2018 wherein the impugned

order dated 12.12.2018 came to be passed.

3.

The present Writ Petition has been filed on 22.01.2021.

4.