Bombay High Court
Bhupco Alloys Ltd vs Mittal Tower Premises ... on 4 August, 2022
Bench: G.S. Patel, Gauri Godse
4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC
IRESH Digitally signed by IRESH
SIDDHARAM MASHAL
SIDDHARAM Date: 2022.08.06 11:15:41
MASHAL +0530
Iresh
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2283 OF 2020
IN
APPEAL (L) NO. 126 OF 2020
IN
CHAMBER SUMMONS NO. 1162 OF 2016
IN
EXECUTION APPLICATION NO. 38 OF 2006
IN
COOPERATIVE CASE NO. CC/I/379 OF 1999
Spice Islands Apparels Ltd ...Applicant
In the matter between
Spice Islands Apparels Ltd ...Appellant
Versus
Mittal Tower Premises Co-operative Society Ltd ...Respondents
& Ors
AND
INTERIM APPLICATION NO. 2285 OF 2020
IN
APPEAL (L) NO. 127 OF 2020
IN
CHAMBER SUMMMONS NO. 1167 OF 2016
IN
EXECUTION APPLICATION NO. 38 OF 2006
Page 1 of 4
4th August 2022
4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC
IN
COOPERATIVE CASE NO. CC/I/379 OF 1999
Bhupco Alloys Ltd ...Applicant
In the matter between
Bhupco Alloys Ltd ...Appellant
Versus
Mittal Tower Premises Co-operative Society Ltd ...Respondents
& 3 Ors
WITH
WRIT PETITION NO. 553 OF 1993
Ishwarlal J Shrimankar & Ors ....Petitioner
Versus
SK Laul & Ors ...Respondents
Mr Vineet Naik, Senior Advocate, with Mr Akshay Vani, Sukand
Kulkarni & Mr Manan Jaiswal, i/b MLS & Associates for
Applicant/Appellant
Mr Nikhil Wadikar, with Faiza Shaikh & Niranjan Kandade, i/b
Nandu Pawar for Respondent no. 1.
Dr Birendra Saraf, Senior Advocate, with Rohan Sawant, Uma
Acharya & Jasmeet Kaur, i/b Jayakar & Partners for
Respondents Nos. 2 & 3.
Mr SK Dhekale Court Receiver, present.
CORAM G.S. Patel &
Gauri Godse, JJ.
DATED: 4th August 2022
PC:-
1. Following the order dated 28th July 2022, we will need to
issue notice to the Bank of India, Mandvi Branch. This will be done
4th August 2022
4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC
by the office of the Prothonotary and Senior Master. A copy of our
order of 28th July 2022 will accompany the notice. The Advocate
for the Bank of India will be at liberty to inspect the papers. For the
convenience of the bank, attention is drawn to paragraph 2 of our
order of 28th July 2022.
2. A Receiver has already been appointed of the premises in
question. The Appellants are agents of the Receiver. The Appellants
have also deposited in Court an amount of Rs.21,56,737/-. That is
invested and is earning interest.
3. We propose, in the common interest of all to have the
premises sold through the court. We direct the Court Receiver to
circulate through the Advocates for the Appellants and the
Advocates for the society, as and when the Bank of India enters
appearance, the Advocates for the Bank of India a copy of the
standard form of advertisement for sale of the premises in question
as also the Advocates for Respondents Nos. 2 and 3. The Advocates
for all concerned will consider the terms of the advertisement. In
particular all will apply their minds to the question of when the
Appellants will be required to deliver possession. We are expressing
no opinion on that aspect of the matter at this stage. We propose to
hear the suggestions of all concerned on that aspect.
4. We also make it clear that we have not today decided the
inter se priority of the claims of the bank (said to be a secured
creditor), the society and the Appellants who are licensees of the
premises in question. All contentions in that regard are expressly
4th August 2022
4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC
kept open for a decision at a later date. For the present we list the
matter for directions on 23rd August 2022.
5. Previous orders to continue.
6. We clarify that the Appellants are not Judgment Debtors. The
Judgment or Award Debtors are Respondents Nos. 2 and 3.
(Gauri Godse, J) (G. S. Patel, J)
4th August 2022
