India Infoline Finance Ltd vs Prashanma Shukla And 5 Others
2023 Latest Caselaw 2176 Bom

                                             5-IA (L) 26630.2022 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.26630 OF 2022
                                               IN
                                   SUIT (L) NO. 1242 OF 2018

     India Infoline Finance Limited                               ...Applicant

     In the matter between -

     Prashama Shukla & Anr.                                       ...Plaintiffs
             Versus
     Heena Builders and Developers & Ors.                         ...Defendants
                                  ----------
     Ms. Disha Karambar Mulgaonkar a/w i/b Disha Karambar, Advocate
     for Applicant.
     Ms. Sapana Rachure, Advocate for Plaintiffs.
     Mr. Kuber Wagle, Advocate for the Defendant Nos. 1 and 2.
     Mr. K.M. Sangani, Advocate for the Applicants in IA(L) 35985 of
     2022.
     Mr. Rahul Tripathi, Representative of India Infoline Finance Limited
     present.
     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

5-IA (L) 26630.2022 in S(L) 1242.2018.doc

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

Court Receiver has been inter alias discharged in respect of the

subject Flat viz. Flat No.5, A-Wing, Viral Apartment CHSL, S.V. Road,

Opp. Shopper Road, Andheri-West, Mumbai - 400 058, the Court

Receiver shall hand over the subject Flat No.5 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 India Infoline Finance Limited

sells the said Flat No.5, the sale proceeds after satisfying the dues of

the India Infoline Finance Limited 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.]