The Saraswat Co-Op. Bank Ltd vs Mine Stone (Deleted)
2023 Latest Caselaw 802 Bom

          Digitally
          signed by
          GAURI AMIT
GAURI     GAEKWAD
AMIT      Date:
                                              1/2                  36 to 38-APP-577-2019.doc
GAEKWAD   2023.01.25
          10:41:29
          +0530              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION
                                    (36) APPEAL NO.577 OF 2019
                                                IN
                                 CHAMBER SUMMONS NO.765 OF 2013

             The Saraswat Co-op. Bank Ltd.          .....Appellant
                  Vs.
             Mine Stone & Ors.                   .....Respondent
                                               AND
                                    (37) APPEAL NO.579 OF 2019
                                                IN
                                 CHAMBER SUMMONS NO.617 OF 2018

             The Saraswat Co-op. Bank Ltd.          .....Appellant
                  Vs.
             Mine Stone & Ors.                   .....Respondent
                                               AND
                                    (38) APPEAL NO.580 OF 2019
                                                IN
                                 CHAMBER SUMMONS NO.845 OF 2013

             The Saraswat Co-op. Bank Ltd.          .....Appellant
                  Vs.
             Mine Stone & Ors.                    .....Respondent
                                                 ----
             Mr. B.V. Samant a/w. Mr. Tushar Pabale for appellant.
             Dr. Abhinav Chandrachud a/w. Mr. Rubin Vakil i/b. Gajria and Co. for
             respondent in APP/577/2019.
             Mr. Karl Tamboly a/w. Ms. Naira Jejeebhoy, Adv. Anshul Singh and Mr. Yash
             Arora i/b. Bharucha and Partners for respondent in APP/579/2019.
             Mr. Sumit Raghani i/b. Agrud Partners for respondent in APP/580/2019.
                                                 ----
                                                  CORAM : K. R. SHRIRAM &
                                                            RAJESH S. PATIL, JJ.

DATED : 23rd JANUARY 2023

P.C. :

1 After Mr. Samant made certain submissions and after

Dr. Chandrachud raised a preliminary objection on the maintainability of

Gauri Gaekwad 2/2 36 to 38-APP-577-2019.doc

the appeal itself and pursuant to certain queries that fell from the Court as

to how the property in question, which belongs to respondent, came to be

attached when admittedly respondent was not a judgment debtor,

Mr. Samant requested the matter be stood over to enable him to take

instructions.

2 We also noticed, when we perused the execution application,

copy whereof is annexed to the appeal, that statement has been made that

the judgment debtors have a share or interest in the property in question,

whereas there is nothing to indicate how this statement has been made in

the verification annexed to the execution application.

3 Mr. Samant states that the transfer in the name of respondent

by her husband and husband's brother, who are judgment debtors, was

fraudulent transfer. Mr. Samant in fairness agreed that they came to know

about the same only when respondent approached the Court after the said

flat was attached. But the moot question is what was the basis on which the

said flat itself came to be attached because admittedly the flat stands in the

name of respondent pursuant to a registered document.

4 At the request of Mr. Samant, stand over to 7th February 2023.

(RAJESH S. PATIL, J.)                                  (K. R. SHRIRAM, J.)


Gauri Gaekwad