Kabra Estate And Investment ... vs The New Aarti Co-Operative Housing ...
2024 Latest Caselaw 23676 Bom

Bombay High Court

Kabra Estate And Investment ... vs The New Aarti Co-Operative Housing ... on 12 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                            906-IA-2218-2024.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION
                       IN ITS COMMERCIAL DIVISION

               INTERIM APPLICATION NO. 2218 OF 2024
                                IN
          COMMERCIAL EXECUTION APPLICATION NO. 62 OF 2022

 Kabra Estate and investment Consultants              ... Applicant/
                                                      Decree Holder/
                                                      Original Claimant

                  V/s.

 The New Aarti Co-operative Housing
 Society Limited                                      ... Judgment Debtor/
                                                      Original Respondent

 Mr. Sanjay Jain alongwith Mr. Nishant Sashidharan, Mr. Suraj Iyer, Mr.
 Mani Thevar and Ms. Gauri Joshi instructed by Ganesh & Co., Advocate
 for the Applicant.
 Mr. Dhawal Kapadia, Chairman alongwith Mr. Jignesh Rambhi,
 Secretary, present.

                           CORAM   :    ABHAY AHUJA, J.

                           DATE    :    12 AUGUST, 2024

 P.C. :

1. This Application seeks withdrawal of amount deposited with

the Prothonotary and Senior Master of this Court on satisfying the

Award in favour of the Applicant. However, when the matter called out

and Mr. Jain has made his rather convincing arguments in support of

the Application, Mr. Kapadia, Chairman alongwith Mr. Rambhi,

Secretary of the Society submit that their earlier lawyer has refused to

906-IA-2218-2024.doc

appear in the matter and some time be granted to appoint another

lawyer.

2. Accordingly, list on 26th August 2024 on the supplementary

board.

3. Let the Advocate be appointed by the Respondent-Society by

the next date and let the said lawyer appear with complete instructions,

failing which this Court will be constrained to pass appropriate orders.

(ABHAY AHUJA, J.)