Kotak Mahindra Bank Limited vs M/S. Shyam Enterprises And Anr
2021 Latest Caselaw 11256 Bom

                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION


                                           INTERIM APPLICATION (L) NO.16261 OF 2021
                                                              IN
                                      EXECUTION APPLICATION (L) NO.2135 OF 2011


                     Kotak Mahindra Bank Limited                    .. Applicant
                              v/s.
                     M/s. Shyam Enterprises & Anr.                  .. Respondents



                     Mr. Anand Poojari a/w Ms. Nikita Pawar, & Jalpa Shah i/b. S.I. Joshi &
                     Co. for the applicant.

                     Mr. Pankaj Pandey for respondent no.1.

                     Mr. Shyam Gaikwad-respondent no.2-present.

                     Ms. Rekha Rane, 2nd Assistant to Court Receiver.


                                                               CORAM : A. K. MENON, J.

DATED : 18TH AUGUST, 2021.

P.C. :

1. Mr. Poojari states that he seeks a minor amendment to implead

the Court Receiver as a necessary party in the application since he

seeks certain directions against the Court Receiver. The

amendment sought is allowed in terms of the draft amendment

handed in. Re-verification is dispensed with.

Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA

WADHWA Date:

2021.08.18 17:15:20 +0530

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2. The application seeks a direction to the Court Receiver to take

forcible possession of the suit flat if necessary with police

assistance and for leave to sell the flat.

3. Mr. Pandey on behalf of the respondent states that he submits to

the order of the court. He does not wish to file any reply.

However, he states that his client is willing to pay a sum of Rs.34

lakhs if time of eight weeks is granted. This order as I find was

passed on 28th August, 2018 and Advocate for the applicant had

then stated that the judgment debtor had agreed to make a

payment on or before 19th October, 2018. The statement was

accepted as an undertaking to the court.

4. At this stage, it is pointed out that Mr. Pandey's vakalatnama is not

on record. He seeks sometime to file appearance. He undertakes

to enter appearance by 21st August, 2021.

5. Accordingly, S.O. to 24th August, 2021.

(A. K. MENON, J.)

25.ial-16261-21.doc wadhwa