Teena Hoshang Jilla @ Teena ... vs Kalpavruksha Developer And 4 Ors
2022 Latest Caselaw 993 Bom

                                                                          5-IA-3009-2021.doc
         Digitally
         signed by
         GANESH
GANESH   SUBHASH
SUBHASH LOKHANDE
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE Date:
         2022.01.28
         16:12:10                        ORDINARY ORIGINAL CIVIL JURISDICTION
         +0530

                                               IN ITS COMMERCIAL DIVISION

                                  INTERIM APPLICATION NO. 3009 OF 2021
                                                 IN
                           COMMERCIAL EXECUTION APPLICATION (L) NO. 9798 OF 2020
                                                 IN
                                SUMMONS FOR JUDGMENT NO. 114 OF 2018
                                                 IN
                               COMMERCIAL SUMMARY SUIT NO. 1141 OF 2018

                      Teena Hoshang Jilla
                      @ Teena Mohammed Roshan                                        .. Applicant


                      IN THE MATTER BETWEEN:
                      Teena Hoshang Jilla
                      @ Teena Mohammed Roshan                                        .. Decree Holder
                                                                                     / Plaintiff
                                   Vs.
                      Kalpavruksha Developer and Ors.                                .. Respondents

                      Jamshed Master a/w. Declan Fernandes i/b. Purazar Fouzdar for the
                      Applicant/Decree Holder.

                                                    CORAM :- B.P.COLABAWALLA, J.

DATE :- 27th JANUARY, 2022.

(THROUGH VIDEO CONFERENCING)

P. C.:

1. By order dated 12th January, 2022, this Court had directed

Bank of Baroda, Opera House Branch to disclose to the

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Applicant/Decree Holder the amount to the credit of Account No.

04090200001860 within a period of two weeks from the said date.

2. Mr. Master, the learned counsel appearing on behalf of the

Applicant/ Decree Holder submitted that despite service of this order on

Bank of Baroda, Opera House Branch, no details have been furnished by

the said Bank to the Applicant.

3. When the matter is called out today, none have appeared on

behalf of the Defendants. Even Bank of Baroda is not represented before

the Court. In these circumstances, as a last chance, Bank of Baroda,

Opera House Branch, is directed to disclose to the Applicant/Decree

Holder the amount to the credit of account No.04090200001860 within

a period of two weeks from today, failing which, this Court shall be

constrained to issue a bailable/non-bailable warrant against the

Manager of the said branch to secure the aforesaid information.

4. The advocates appearing on behalf of the Applicant are

directed to serve a copy of this order personally on the Manager of Bank

of Baroda, Opera House Branch within a period of one week from today

and file an Affidavit of Service to that effect on or before the next date.

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                                                        5-IA-3009-2021.doc


5.                Stand over to 17th February, 2022.

6. All parties to act on an authenticated copy of this order

digitally signed by the Personal Assistant /Private Secretary/Associate

of this Court.

                                               (B. P. COLABAWALLA, J.)




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