Shamik Real Estate Llp vs Virmati Villa Co-Operative Housing Soc ...
2023 Latest Caselaw 12801 Bom

Bombay High Court

Shamik Real Estate Llp vs Virmati Villa Co-Operative Housing Soc ... on 14 December, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

                                                                (32)IAL-19299-2022.doc


rajshree


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                            INTERIM APPLICATION (L) NO.19299 OF 2022
                                               IN
                             EXECUTION APPLICATION NO.484 OF 2021


            Shamik Real Estate LLP                    ]       ..       Applicant
                             vs.
            Virmati Villa CHS Ltd. & Anr.             ]       ..       Respondents
                                              WITH
                            INTERIM APPLICATION (L) NO.19303 OF 2022
                                               IN
                             EXECUTION APPLICATION NO.484 OF 2021
                                            ALONGWITH
                            INTERIM APPLICATION (L) NO.19301 OF 2022
                                              WITH
                            INTERIM APPLICATION (L) NO.19309 OF 2022
                                               IN
                             EXECUTION APPLICATION NO.483 OF 2021
                                            ...............

Mr.Sumeet Nankani a/w Fatema Tankiwala i/b LJ Law for the Judgment Creditor-Respondent in Interim Applications. Mr.Virat Chavda for the Applicant in IAL No.19299/2022 and IAL No.19309/2022.

Mr.Shriram S. Kulkarni a/w Minal Chavan for the Applicant in IAL No.19301/2022 and IAL No.19303/2022. Mr.Amay Hadwale (through VC) for Judgment Debtor- Resolution Professional M/s. Shamik Enterprises Pvt. Ltd.

(32)IAL-19299-2022.doc

CORAM : BHARATI DANGRE, J

DATE : 14th December, 2023.

P.C.

1] After hearing the learned counsel Mr.Kulkarni in support of the IAL, which is opposed by the Claimant Virmati CHS, and on perusal of the latest Affidavit filed by the Resolution Professional - M/s. Shamik Enterprises Pvt. Ltd. where a specific statment is made in Para 4 that RP has not treated the subject property which relate to IA No.19299/2022, as the asset of the Corporate Debtor in the information memorandum prepared in accordance with Section 29 of the IBC. The additional Affidavit filed by RP is taken on record.

2] Let the Resolution Professional produce the said Memorandum in a sealed envelope before this Court.

List on 18.12.2023 High on Board.

[BHARATI DANGRE, J]