Bombay High Court
The Saraswat Co-Operative Bank ... vs Aggarwal Prem Sitaram And 5 Ors. ... on 14 March, 2023
Bench: R. I. Chagla
33-3-CHSCD-1359-18.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL CHAMBER SUMMONS NO. 1359 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 79 OF 2017
Teesta Marketing Pvt.Ltd. ...Applicant
In the matter of
The Saraswat Co-operative Bank Ltd. ...Original Disputant
Versus
Dr. Aggarwal Prem Sitaram & Ors. ...Judgment Debtors
(Original Opponents)
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Mr. Aseem Naphade a/w Mr. Sauradh Utangale i/by Chetan Mhatre
and Vinay Bhorge for the Applicant.
Mr. Girish Utangale a/w Mr. Rohan Savant for the Respondent No. 1/
Judgment Debtor.
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CORAM : R.I. CHAGLA J
DATE : 14 March 2023
ORDER :
1. By this Chamber Summons, the Applicant has sought
raising of attachment levied on Flat No. 102, 1st Floor, Ketayun
Mansion, Shahaji Raje Marg, Vile Parle (East), Mumbai 400 057
33-3-CHSCD-1359-18.doc
("subject Flat") pursuant to warrant of attachment dated 18th August
2017 issued.
2. The Applicant states that it is the owner of the subject
Flat having purchased the subject Flat vide Registered Deed of
Transfer dated 20th August 2016. Thereafter, the Award was passed
on 4th August 2016 in respect of which present execution
proceedings have been filed on 24th May 2017. The Applicant further
states that by Leave and Licence Agreement dated 20th August 2016,
the Applicant has granted licence to the Judgment Debtors for a
period of 12 months commencing on 1st January 2018 and ending
on 31st December 2018, which had been thereafter, renewed.
Warrant of attachment was levied on the subject Flat on 18th August
2017.
3. Mr. Naphade, the learned Counsel appearing for the
Applicant states that the Applicant is the owners of the subject Flat
having purchased the subject Flat by the Registered Deed of Transfer
which is prior to the Award in respect of which the present execution
proceedings have been filed. Accordingly, attachment levied of the
subject Flat be raised.
33-3-CHSCD-1359-18.doc
4. Mr. Utangale, learned Counsel appearing for the
Judgment Debtor does not dispute this position. He has submitted to
the orders of this Court.
5. Judgment Creditor though represented by the learned
Advocate Mr. Vishal Narkar on earlier date, has failed to make
appearance, despite of Chamber Summons having been filed on 21st
August 2018.
6. In view thereof, there is no dispute that the Applicant is
the owners of the subject Flat and that the warrant of attachment
could not have been levied on the subject Flat in the present
execution proceedings.
7. Relief sought for in the Chamber Summons is
accordingly granted. Hence, the following order is passed. :-
(i) Attachment levied on the Flat No. 102, 1st Floor,
Ketayun Mansion, Shahaji Raje Marg, Vile Parle (East),
Mumbai 400 057 is lifted.
33-3-CHSCD-1359-18.doc
(ii) The Applicant in the above Execution Application shall
exclude the subject Flat from the execution
proceedings.
(iii) The above Commercial Chamber Summons No. 1359
of 2018 is accordingly, disposed of.
[R.I. CHAGLA J.]
