Ashok Digambar Naik And 4 Ors vs Sushila Digamber Naik And Ors
2023 Latest Caselaw 12259 Bom

Bombay High Court

Ashok Digambar Naik And 4 Ors vs Sushila Digamber Naik And Ors on 5 December, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

                                                                         (26)IAL-18988-2023.doc


rajshree


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                            INTERIM APPLICATION(L) NO.18988 OF 2023
                                                     IN
                         EXECUTION APPLICATION (L) NO.40764 OF 2022
                                                     IN
                                     WRIT PETITION NO.331 OF 2010


            Ashok Digamber Naik & Ors.                    ]    ..      Applicants
            IN THE MATTER BETWEEN
            Sushila Digambar Naik & Ors.                  ]    ..      Judgment Creditors
                             vs.
            MHADA & Ors.                                  ]    ..      Judgment Debtors


            Mr.Nitin Raut i/b P. Vas & Co. for the Applicans.
            Mr.Joshua Borges for Respondent No.5.

CORAM : BHARATI DANGRE, J

DATE : 5th December, 2023.

P.C.

1] The learned counsel for Respondent No.5 M/s.A.A. Estate Pvt. Ltd. (Judgment Debtor) has placed before me an order passed by the NCLT Mumbai Bench under Section 7 of the IBC, 2016 on 06.12.2022 by which, CIRP process is initiated against A.A. Estate Pvt. Ltd., a Corporate Debtor.

A copy of the order is taken on record and marked as 'X' for identification.

(26)IAL-18988-2023.doc

2] In the wake of above order, submission advanced is that the execution proceedings cannot proceed ahead.

The learned counsel for the Applicant, however, seek some time to ascertain the factual position in that regard.

Renotify to 10.01.2024.

[BHARATI DANGRE, J]