Bombay High Court
Spice Islands Apparels Ltd vs Mittal Tower Premises ... on 13 May, 2021
Bench: Prasanna B. Varale, N. R. Borkar
IA-2283-2285-20.doc
rkmore
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.2283 OF 2020
IN
APPEAL (Ld.) NO.126 OF 2020
IN
CHAMBER SUMMONS NO.1162 OF 2016
IN
EXECUTION APPLICATION NO.38 OF 2006
IN
CO-OPERATIVE CASE NO.CC/I/379 of 1999
Spice Islands Apparels Limited ] ... Applicant
IN THE MATTER OF
Spice Islands Apparels Limited ] ... Appellant
vs,
Mittal Tower Premises Co-op.
Society Limited & Ors. ] ... Respondents
WITH
INTERIM APPLICATION NO.2285 OF 2020
IN
APPEAL (Ld.) NO.127 OF 2020
IN
CHAMBER SUMMONS NO.1167 OF 2016
IN
EXECUTION APPLICATION NO.38 OF 2006
IN
CO-OPERATIVE CASE NO.CC/I/379 of 1999
Bhupco Alloys Limited ] ... Applicant
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IA-2283-2285-20.doc
IN THE MATTER OF
Bhupco Alloys Limited ] ... Appellant
vs,
Mittal Tower Premises Co-op.
Society Limited & Ors. ] ... Respondents
Mr.Vineet Naik, Senior Advocate, Mr.Kamal Khata, Mr.Sukand
Kulkarni, Mr.Akshay Vani i/b MLS Vani & Associates for Appellant.
Mr.Nikhil Wadikar i/b Mr.Nandu Pawar for Respondent No.1.
Ms.Uma Acharya i/b Jayakar & Partners, for Respondent Nos.2 and 3.
Mr.D.N. Kher, Court Receiver present.
CORAM : PRASANNA B. VARALE &
N.R.BORKAR, JJ.
DATE : 13TH MAY, 2021
Vacation Court Through V.C.
P.C.
1] Heard learned counsel for parties.
2] After hearing the parties, we are of the view that the matter
requires detail hearing in view of various orders passed by this Court
from time to time.
3] It is submitted that the appellants are in possession of the
premises in question pursuant to Agreement dated 21.06.1996. It is
submitted that the respondent No.1 has taken out the execution
proceedings pursuant to the Judgment and Award passed by the co-
operative Court, Mumbai dated 28.10.2004 for an amount of
Rs.3,26,165/-. It is submitted that the learned Single Judge of this
court directed the Court Receiver to take possession of the premises in
IA-2283-2285-20.doc
question and further directed to sell the premises in question for
satisfaction of the award in favour of the respondent No.1. It is
submitted that as on today respondent No.1 is entitled to an amount of
Rs.21,56,737/- and the appellants are ready to deposit the said
amount with the Registry of this Court. It is submitted that till next
date, the Receiver be restrained from taking possession of the
premises in question.
4] Considering the facts and circumstances of the case and as the
appellants are in possession of the premises in question since 1996,
we are of the view that the appellants can be permitted to deposit the
amount of Rs.21,56,737/- without prejudice to the rights and
contentions of the parties.
5] Appellants shall deposit an amount of RS.21,56,737/- with the
Registry of this Court, without prejudice to the rights and contentions of
the parties, within two weeks from today.
6] List the Appeals for hearing on 15.06.2021. Till then the Court
Receiver is restrained from taking possession of the premises in
question.
[N.R.BORKAR, J] [PRASANNA B. VARALE, J]
