Swapna Sujit Patkar vs Nkgsb Co.Op. Bank
2024 Latest Caselaw 23940 Bom

Bombay High Court

Swapna Sujit Patkar vs Nkgsb Co.Op. 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.

Digitally DATE : 14th AUGUST, 2024 signed by NIKITA NIKITA YOGESH P.C. :

YOGESH GADGIL GADGIL Date:

2024.08.14 19:39:33 +0530

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.)