Kapol Co-Operative Bank Ltd vs Prashama Shukla And Anr.(Mp) And ...
2023 Latest Caselaw 2175 Bom

                                             5-IA (L) 35985.2022 in S(L) 1242.2018.doc

K.S. Jadhav
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                    INTERIM APPLICATION (L) NO.35985 OF 2022
                                               IN
                                   SUIT (L) NO. 1242 OF 2018

     Kapol Co-operative Bank Ltd.                                 ...Applicant

     In the matter between -

     Prashama Shukla & Anr.                                       ...Plaintiffs
             Versus
     Heena Builders and Developers & Ors.                         ...Defendants
                                  ----------
     Mr. K.M. Sangani, Advocate for the Applicant.
     Ms. Sapana Rachure, Advocate for Plaintiffs.
     Mr. Kuber Wagle, Advocate for the Defendant Nos. 1 and 2.
     Mr. Rahul Tripathi, Representative of India Infoline Finance Limited
     present.
     Ms. Disha Karambar Mulgaonkar a/w i/b Disha Karambar, Advocate
     for Applicant in IA(L) 26630 of 2022.
     Mrs. Rekha Rane, IInd Assistant to the Court Receiver present.
     Mr. Nishant Sashidharan a/w Ms. Gauri Mestha i/b LJ Law for
     Judgment Creditor in Suit No.817 of 2015.
                                            ----------

                                            CORAM : R.I. CHAGLA J.

                                            DATE         : 6th MARCH, 2023.
     ORDER :

1. In view of the separate order passed bearing today's date in

Court Receiver's Report No. 71 of 2023 and 78 of 2023, wherein the

5-IA (L) 35985.2022 in S(L) 1242.2018.doc

Court Receiver has been inter alias discharged in respect of the

subject Flat viz. Flat No.101, Nester Court CHS Ltd., Shri Baji Prabhu

Deshpande Road, Vile Parle (West), Mumbai - 400 056, the Court

Receiver shall hand over the subject Flat No.101 to the Applicant-

Bank within a period of one week from the date of this order.

2. Interim Application is accordingly disposed of.

3. It is clarified that in the event Kapol Co-operative Bank Ltd.

sells the said Flat No.101, the sale proceeds after satisfying the dues

of the Kapol Co-operative Bank Ltd. shall be deposited with the

Prothonotary and Senior Master of this Court and which will be

appropriated towards the dues of the Judgment Creditor.

[R.I. CHAGLA J.]