Idbi Trusteeship Services Ltd vs Shivshakti Realhome Pvt. Ltd. And ...
2022 Latest Caselaw 4976 Bom

              Digitally signed
              by HEMANT
HEMANT     CHANDERSEN
CHANDERSEN SHIV
SHIV       Date: 2022.05.27
              18:51:36 +0530
             hcs

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                                                                              8.ia15879.22.doc
                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION
                                 IN ITS COMMERCIAL DIVISION

                          INTERIM APPLICATION (L) NO.15879 OF 2022
                                           IN
                         EXECUTION APPLICATION (L) NO.4039 OF 2021
                                           IN
                              COMMERCIAL SUIT NO.35 OF 2021

             IDBI Trusteeship Services Ltd.                  ... Applicant

             In the matter between

             IDBI Trusteeship Services Ltd.                  ... Decree Holder
                     vs
             Shivshakti Realhome Pvt. Ltd.                   ... Judgment Debtor.
                     And
             J. D. Infratech Pvt. Ltd. & Ors.                ... Respondent


             Mr. Ashish Kamat with Mr.Shyam Kapadia, Mr.Gaurav Shah and Ms.
             Jigisha Vadodaria i/b Negandhi, Shah & Himayatullah for the
             Applicant/Decree holder.
             Mr. Rushabh Sheth i/b Mr.Shashank Mishra for the Respondent No.1.
             Mr. Suraj Gothwal with Shubham Kalbere for Judgment Debtor and
             Respondent Nos.2 to 4.
             Mrs. Kanchan Rane, 1st Asst. to CR present in Court.


                                         CORAM :        MADHAV J. JAMDAR, J.

(VACATION COURT) DATE : 27TH MAY 2022.

P.C:-

1. Heard Mr.Kamat, learned counsel appearing for the Applicant/Decree Holder and Mr.Shashank Mishra, learned counsel for Respondent No.1.

2. Both parties tender the minutes of order. Minutes of order are signed hcs

8.ia15879.22.doc for identification purpose by Advocate for the Applicant as well as Advocate for Respondent No.1. Both the learned counsel state that the Applicant and Respondent No.1 are agreeable that the above interim application be disposed of in terms of the minutes of order. The said minutes of order are taken on record and marked "X" for identification. There are undertakings recorded in paragraph 5 of the minutes of order. Separate undertaking is also filed on behalf of the Respondent No.1 by Dhirendra Singh Rajput, Director of Respondent No.1. The undertakings are accepted.

3. Interim Application is disposed of in terms of the minutes of order. Liberty to apply.

[MADHAV J. JAMDAR, J.]