5-IA (L) 35985.2022 in S(L) 1242.2018.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.35985 OF 2022
IN
SUIT (L) NO. 1242 OF 2018
Kapol Co-operative Bank Ltd. ...Applicant
In the matter between -
Prashama Shukla & Anr. ...Plaintiffs
Versus
Heena Builders and Developers & Ors. ...Defendants
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Mr. K.M. Sangani, Advocate for the Applicant.
Ms. Sapana Rachure, Advocate for Plaintiffs.
Mr. Kuber Wagle, Advocate for the Defendant Nos. 1 and 2.
Mr. Rahul Tripathi, Representative of India Infoline Finance Limited
present.
Ms. Disha Karambar Mulgaonkar a/w i/b Disha Karambar, Advocate
for Applicant in IA(L) 26630 of 2022.
Mrs. Rekha Rane, IInd Assistant to the Court Receiver present.
Mr. Nishant Sashidharan a/w Ms. Gauri Mestha i/b LJ Law for
Judgment Creditor in Suit No.817 of 2015.
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CORAM : R.I. CHAGLA J.
DATE : 6th MARCH, 2023.
ORDER :
1. In view of the separate order passed bearing today's date in Court Receiver's Report No. 71 of 2023 and 78 of 2023, wherein the 1/2 ::: Uploaded on - 10/03/2023 ::: Downloaded on - 10/03/2023 23:00:22 ::: 5-IA (L) 35985.2022 in S(L) 1242.2018.doc Court Receiver has been inter alias discharged in respect of the subject Flat viz. Flat No.101, Nester Court CHS Ltd., Shri Baji Prabhu Deshpande Road, Vile Parle (West), Mumbai - 400 056, the Court Receiver shall hand over the subject Flat No.101 to the Applicant- Bank within a period of one week from the date of this order.
2. Interim Application is accordingly disposed of.
3. It is clarified that in the event Kapol Co-operative Bank Ltd. sells the said Flat No.101, the sale proceeds after satisfying the dues of the Kapol Co-operative Bank Ltd. shall be deposited with the Prothonotary and Senior Master of this Court and which will be appropriated towards the dues of the Judgment Creditor.
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