Niom Build Craft Llp (Applicant) vs Kalpataru Properties Pvt. Ltd. ...
2021 Latest Caselaw 5947 Bom

                                                                  2.ial.5443.2021.odt

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             ORDINARY ORIGINAL CIVIL JURISDICTION
                  IN ITS COMMERCIAL DIVISION
                    INTERIM APPLICATION (L) NO. 5443 OF 2021
                                      IN
                  COMM. EXECUTION APPLICATION NO. 134 OF 2017

      Niom Build Craft LLP                                    ...Applicant
           In the matter between
      Kalpataru Properties Pvt. Ltd.                          ... Judg. Creditor
           Vs
      The Offcial Liquidator                                  ... Judg.Debtors/
                                                                Respondent


      Aseem Naphade a/w Chaitra Rao for the Applicant

      Mr. Mustafa Doctor Sr. Counsel a/w Gautam Ankhad, Namrata
      Shah, Kyrus Modi, Shamant Satiya, Nidhi Malhotra and Pravin
      Dhage i/b Rashmikant and Partners for the Judgment Creditor
      Creditor.

      Aditi Hambarde i/b Haresh Mehta and Co. for Respondent No.1.
      Ashish Kamat i/b Abhishek Adke for Respondent No.3.
      Dr. Birendra Saraf, Sr. Counsel a/w Saloni Sulakhe i/b Dhaval
      Vussonji and Associates for Honest Shelters Pvt. Ltd.
      Yamuna Parekh for Respondent MCGM
      Mr. Shatrughna Chauhan, Deputy Offcial Liquidator, Mumbai is
      present.
      Ms. Rekha Rane 2nd Asstt. To Court Receiver a/w H.R.Patel,
      Master, Admn is present.

                                         CORAM : B. P. COLABAWALLA, J.

DATE : 1st APRIL, 2021

P.C. :

1 The applicant is permitted to amend the Interim

2.ial.5443.2021.odt

Application in terms of the draft handed in and marked "X" for

identifcation. The amendment shall be carried out within a period

of one week from today and a copy of the amended Interim

Application shall be served on all the respondents. Needless to

clarify that the amendment is allowed without prejudice to the

rights and contentions of all the parties. If the newly added

respondents want to fle any affdavit-in-reply to the Interim

Application, they may do so on or before 16th April, 2021 and serve a

copy of the same on the advocates for the applicant.

2 Stand over to 20th April, 2021 at 2.30 p.m.

3 This order shall be digitally signed by the Private

Secretory /Personal Assistant of this Court. All concerned shall act

on production by fax or e-mail of a digitally signed copy of this order.

(B. P. COLABAWALLA, J. )