Shubhlaxmi Shashikant Vijayakar And ... vs Nkgsb Cooperative Bank
2024 Latest Caselaw 23933 Bom

Bombay High Court

Shubhlaxmi Shashikant Vijayakar And ... vs Nkgsb Cooperative Bank on 14 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

2024:BHC-OS:12427


                                                        901. IAL 25409-24 in IAL 1376-24 @ IAL 25531-24.doc


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

                             INTERIM APPLICATION (L) NO. 25409 OF 2024
                                                IN
                              INTERIM APPLICATION (L) NO. 1376 OF 2024
                                                IN
                         COMMERCIAL EXECUTION APPLICATION (L) NO. 843 OF 2024

                    Swapna Sujit Patkar                                                 ...Applicant
                         V/s.
                    NKGSB Co-op Bank                                                    ...Respondent
                                                WITH
                              INTERIM APPLICATION (L) NO. 25531 OF 2024
                                                 IN
                               INTERIM APPLICATION (L) NO. 1377 OF 2024
                                                 IN
                         COMMERCIAL EXECUTION APPLICATION (L) NO. 842 OF 2024

                    Mr. Prasant Pandey with Mr. Akshay Shetty i/b Ms. Vedika Chaubey for
                    Applicant/Judgment Debtor.
                    Respondent No.1-Mrs.Swapna S. Patkar present in Court.
                    Mr. N. V. Pawar, OSD, Court Receiver present.
                    Ms. Khushboo Agarwal, Advocate for the Respondent-Claimant Bank.

                                           CORAM    :         ABHAY AHUJA, J.

                                           DATE     :         14th AUGUST, 2024
                    P.C. :

1. Both the learned Counsel appearing in the matter tender across

the bar consent terms statedly duly signed by the parties and their

respective Advocates, submitting that the two Interim Applications as

well as the Execution Applications have been settled in terms of the

said consent terms.

901. IAL 25409-24 in IAL 1376-24 @ IAL 25531-24.doc

2. Mr. Pandey, learned Counsel appears for the Applicants and

submits that a Demand Draft of Rs. 25,00,000/- is being handed over

to the learned Counsel for the bank, who accepts the same.

3. The consent terms are taken on record and marked 'X' for the

purposes of identification. The undertakings in the consent terms are

accepted as undertakings to this Court.

4. Mr. Pawar, learned OSD to the Court Receiver is present in the

Court and submits that in view of the above developments, the Court

Receiver may be discharged.

5. In view of the above, the Court Receiver is discharged without

passing of accounts subject to payments of costs, charges and expenses

of the Court Receiver to be borne by the Execution Applicant.

6. Subject to the above, the Execution Applications as well as the

Interim Applications stand disposed as above.

(ABHAY AHUJA, J.)