Mathrubhumi Co-Operative ... vs Harishchandra Hasanand Lalla And ...
2021 Latest Caselaw 2123 Bom

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                           INTERIM APPLICATION(L) NO. 1313 OF 2021
                                                             IN
                                           EXECUTION APPLICATION NO. 104 OF 2016


                        Mathrubhumi Co-operative                     ...      Applicant
                        Housing Society Ltd.
                        In the matter between
                        Harishchandra Hasanand Lalla & Ors.          ...     Claimants
                                 vs.
                        Orra Realtors Pvt Ltd. & Ors.                ...      Respondents

                        Ms. Kavita A. Shah for the Applicant.
                        Mr. Kishor Salunkhe a/w. Mr. Rahul Mishra i/b. Mr. Diwakar Singh for
                        Respondent nos. 1 to 3.
                        Ms. Gauri Mestha i/b. LJ Law for the Claimants/Judgment Creditors.
                        Mr. V. S. Panandikar, Asstt. S. O. Court Receiver Office.

                                                                CORAM : A. K. MENON, J.

DATED : 2nd FEBRUARY , 2021.

P.C. :

1. By this interim application the applicant seeks raising of

attachment and cancellation of warrant of attachment dated

19th October, 2019 to the extent it concerns the applicant property

described in prayer clause (b). The attachment has been levied by the

respondent nos. 1 to 3 in execution of Award dated 31 st October, 2014. Digitally signed by Rajeshwari Rajeshwari R. Pillai The applicant-society submits that it has nothing to do with the Award R. Pillai Date:

2021.02.03 15:34:26

+0530

21-IAL-1313-2021-EXA-104-2016.doc rrpillai or the judgment debtor and therefore the attachment levied to the

extent it concerns the applicant's property is liable to be raised.

2. On behalf of respondent nos. 1 to 3 learned counsel admits that

they have no claim against the applicant - society's property. The claim

is restricted to retain property of judgment debtor 1. In view thereof

I pass the following order :

(i) Attachment to the extent it concerns in respect of its property

situated at Matrubhumi, Shree Nagar, Off. M.G. Road, Near Jain Mandir,

Goregaon (West), Mumbai-400 062 as described under Item no. 10 of

Schedule A to the warrant of attachment dated 19 th October, 2019 is

hereby raised.

(ii) Execution Application as against the applicant stands dismissed.

(iii) Interim Application is allowed in the aforesaid terms.

(iv)     No costs.


                                                          (A. K. MENON, J.)

21-IAL-1313-2021-EXA-104-2016.doc rrpillai