Fatma Suleman Syed vs Kokan Mercantile Co Perative Bank And 4 ...
2023 Latest Caselaw 13404 Bom

Bombay High Court

Fatma Suleman Syed vs Kokan Mercantile Co Perative Bank And 4 ... on 22 December, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

                                   1/2                 12 IAL 30955-23.doc


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           ORDINARY ORIGINAL CIVIL JURISDICTION
           INTERIM APPLICATION (L)NO.30955 of 2023
                            IN
           EXECUTION APPLICATION NO. 237 OF 2023


Fatima Suleman Syed                          .. Applicant
                         Versus
Kokan Mercantile Co-operative Bank           .. Respondent
and ors
                             ...

Mr. Sanjay R. Haritwal for the applicant/intervenor.
Mr.Sujit Padarat for the petitioner Bank - Kokan Mercantile Co-
operative Bank.

                            CORAM: BHARATI DANGRE, J.

DATED : 22nd DECEMBER 2023 P.C:-

1 Interim Application is taken out by Fatima Suleman Syed, who claim that the warrant of attachment of immovable property issued on 18/5/2023 under Order XXI Rule 54 has included her immovable property being flat no.404, Royal Apartment CHSL, Yari Road, Andheri, Mumbai, but the said flat do not belong to the judgment debtor. She being the lady, aged 82 years has sought modification in the Execution Application by seeking deletion of her flat.

Tilak

2/2 12 IAL 30955-23.doc

2 The learned counsel for the judgment creditor i.e. the Bank seek some time to file his vakalatnama and reply. Though I am inclined to grant time as prayed for, in the mean time, no coercive steps shall be taken against the flat belonging to the applicant, being flat no.404, Royal CHSL, Yari Road, Andheri, Mumbai.

List on 23/1/2024.

( SMT. BHARATI DANGRE, J.)

Tilak