Urban Infrastructure Trustees ... vs Kishor N. Shah And 3 Ors
2021 Latest Caselaw 15115 Bom

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

              INTERIM APPLICATION (LODGING) NO.23585 OF 2021
                                        IN
           COMMERCIAL EXECUTION APPLICATION NO.194 OF 2020

Urban Infrastructure Trustees Ltd. and Anr.      .. Applicants-Decree Holders
            Vs.
Kishor N. Shah and Ors.                          .. Respondent No.1 to 3 /
                                                   Judg. Debtors
          And
Joyce Realtors Pvt. Ltd.                         .. Respondent No.4


Mr. Sharan Jagtiani, Sr. Advocate, with Mr. Aditya Mehta, i/by Dastur Kalambi
& Associates, for the Applicants-Decree Holders.
Ms. Etika Srivastava, with Ms. Tresa Ajay and Ms. Mansi Sheth, i/by
Rashmikant and Partners, for Respondent Nos.1 to 3-Judgment Debtors.
Ms. Maheshwari Kunte, Insolvency Registrar and in-charge of the Execution
Department, is present.


                                          CORAM : A. K. MENON, J.

                                          DATE      : 20TH OCTOBER, 2021.

P.C. :

1. Mr. Jagtiani appearing in support states at the outset that he does not

press relief in terms of prayer clause (c). He seeks only amendment of the

execution application in terms of the Schedule annexed to the IA.

2. Considering that this is only an amendment to Column "J", I am

inclined to allow the same. In the circumstances, I pass the following order :-

26-IAL-23585-2021.doc Dixit

(i) Interim Application is allowed in terms of prayer clauses

(a) and (b). Re-verification is dispensed with.

(ii) IA is disposed in the above terms.

3. Considering the statements in the IA, it is necessary that the registry

follows a set pattern for entertaining execution applications and the

procedures shall be therefore notified by the Prothonotary and Senior Master

to avoid any inconsistencies from time to time. Let the draft of this be

circulated and placed before the court within a period of four weeks from

today.

(A.K. MENON, J.)

Digitally

26-IAL-23585-2021.doc signed by SNEHA SNEHA ABHAY DIXIT ABHAY Date:

DIXIT 2021.10.20 17:15:53 +0530 Dixit