Parasram H Bhojwani vs Pravinchand Sehgal And 2 Ors (Def) ...
2021 Latest Caselaw 16362 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                            [ COMMERCIAL DIVISION ]

              INTERIM APPLICATION (LODGING) NO.23406 OF 2021
                                         IN
           COMMERCIAL EXECUTION APPLICATION NO.565 OF 2019
                                         IN
                        SUMMONS FOR JUDGMENT NO.9 OF 2018
                                         IN
                  COMMERCIAL SUMMARY SUIT NO.855 OF 2017

Parasram H. Bhojwani                              .. Applicant
        Vs.
Pravinchand Sehgal and Ors.                       .. Respondents-Judg. Debtors
       And
The Branch Manager, Axis Bank                     .. Respondent


Mr. S.C. Naidu, with Mr. Aniket Poojari, Ms. Divya Yajurvedi and Mr. Pradeep
Kumar, i/by C.R. Naidu & Co., for the Applicant.
Dr. Birendra Saraf, Sr. Advocate, with Ms. Raksha Thakkar, i/by Parinam Law
Associate, for Respondent Nos.1 and 3.
Ms. Krishma Shah, i/by A & P Partners, for Respondent No.2.
Mr. Chetan Agrawal for Axis Bank on notice.


                                    CORAM : A. K. MENON, J.

                                    DATE      : 24TH / 25TH NOVEMBER, 2021.

P.C. :

1. Called for hearing and final disposal.

2. Pursuant to an order dated 16th November 2021, Axis Bank is represented today. Mr. Agrawal appearing for the Axis Bank has tendered documents in respect of home loan account of judgment debtor no.2 for the

12-IAL-23406-2021.doc Dixit period from 24th November 2010 to 24th November 2021. He has also furnished copies of the orders passed by the Chief Metropolitan Magistrate's Court, Esplanade, Mumbai on 16th January 2019 and 23rd January 2019 and order passed by the Debt Recovery Tribunal-II, Vashi, Mumbai on 6 th March 2019. Mr. Agrawal states that if any further information is required, the bank will furnish the same. In these circumstances, Axis Bank is relieved from further appearance in the matter, unless and otherwise is directed.

3. In view of the bank's submission that action under the SARFAESI Act has been initiated, Mr. Naidu states that he will reserve his rights to seek reliefs in terms of prayer clauses (a) and (b) of the IA. He also submits that, as presently advised, he is not seeking reliefs in terms of prayer clause (g) since he intends to file a fresh application impleading all necessary parties.

4. Accordingly, leave is granted to apply for reliefs in terms of prayer clauses (a), (b) and (g) of the IA at the appropriate time.

5. Heard submissions on behalf of the applicant and the respondents- judgment debtors.

6. S.O. to 2nd December 2021 "for passing orders".

(A.K. MENON, J.)

Digitally signed SNEHA 12-IAL-23406-2021.doc by SNEHA ABHAY DIXIT ABHAY Date:

DIXIT                      Dixit
        2021.11.26
        14:20:41 +0530