1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Notice of Motion No.2430 of 2008 In Suit No.309 of 2003 Canara Bank. .. ..Plaintiff v/s. M/s.Pawan Poly Equipments Pvt.Ltd. & ors. .. ..Defendants And Manoj Kumar Doshi .. ..Applicant Mr.M.Janardhana for Plaintiff. Mr.A.K. Sayche for Applicant. Mrs.Kumbhat for Def.No.3. Mr.S.K.Chinchalkar for Deft.Nos.1 & 2. ---- CORAM : SMT.ROSHAN DALVI, J. Dated : 31st July, 2008 P.C. : 1.This Notice of Motion has been taken out by the Applicant who has paid the entire amount payable to the Plaintiff-Bank for being granted possession of the premises for which earlier a Court Receiver was appointed. The Plaintiff-Bank is the main contesting party. There has been an earlier Application also taken out by the Applicant against the Plaintiff-Bank in which an order has been passed. This Notice of Motion was served upon the Plaintiff-Bank on 11.7.2008. The Notice of Motion appeared in Court 2 thereafter. The parties were heard. The Plaintiff-Bank was given time to file an Affidavit-in-reply. No Affidavit-in-reply is yet filed. The Applicant has bonafide settled the claim of the Plaintiff-Bank. Strangely, though the Plaintiff-Bank' s claim has been satisfied, the Plaintiff-Bank has been needlessly agitating this Suit/application against the Defendants as well as the Applicant. What has transpired earlier has been set out in the earlier order of this Court and the same need not be repeated. The Applicant is required to be put in possession of the suit premises being Gala No.137 situate at Krantinagar, Saki Vihar Road, Opposite Shetty Chemicals, Saki Naka, Andheri (East), Mumbai 400 072. The Applicant has also to be returned the documents of title taken by the Plaintiff-Bank from the Defendants in respect of the suit premises. 2.The Plaintiff-Bank has not shown any defence to this Application. The Advocate for the Plaintiff-Bank has stated that an Appeal is filed against the earlier order. No stay has been obtained from the Appeal Court. No defence is seen in this Application. Only orally it is stated that some sales-tax dues are there. There is no attachment levied by the Sales- tax Authorities. The Plaintiff-Bank is not concerned with any demand made by the Sales-tax Authorities without any 3 attachment thereto. The Plaintiff' s dues have been paid and settled. In fact, there is no pending dispute between the parties and hence, the Suit itself has been disposed of under Order 15 Rule 1 of the Code of Civil Procedure. It is not understood for what purpose the Plaintiff-Bank needs to agitate the claim against the party who has not disputed the Plaintiff-Bank's claim, who has offered the property for settlement of the Bank' s claim, brought in a bonafide purchaser and the bonafide purchaser has paid off the entire Plaintiff's claim. The Notice of Motion deserves to be granted as prayed. The Notice of Motion is made absolute in terms of prayer (a). The Plaintiff-Bank shall hand over vacant and peaceful possession of Gala No.137 situate at Krantinagar, Saki Vihar Road, Opposite Shetty Chemicals, Saki Naka, Andheri (East), Mumbai 400 072 along with all the documents of title of the Defendants kept with the Plaintiff- Bank to the Applicant. 3.If the Plaintiff-Bank does not hand over the possession within one week to the Applicant, an officer of the Bank shall be appointed in terms of prayer-(c) to hand over possession of the suit premises to the Applicant. 4.The Application for stay is refused. [SMT.ROSHAN DALVI, J.] 4