Sudhir Kumar vs Dinesh Shishupal Punia
2024 Latest Caselaw 24954 Bom

Bombay High Court

Sudhir Kumar vs Dinesh Shishupal Punia on 28 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                       925-IA(L)-20210-2024-EXA(L)-2345-2024.doc


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

                 EXECUTION APPLICATION (L) NO. 2345 OF 2024

 ASLAM SHAIKH                                    )...APPLICANT
          V/s.
 DINESH SHISHUPAL PUNIA                          )...RESPONDENT
                                  WITH
                 INTERIM APPLICATION (L) NO. 9609 OF 2024
                                   IN
               EXECUTION APPLICATION (L) NO. 2345 OF 2024
                                  WITH
                INTERIM APPLICATION (L) NO. 20210 OF 2024
                                   IN
               EXECUTION APPLICATION (L) NO. 20209 OF 2024


 Mr.Sarosh Bharucha a/w. Mr.Shrey Fatterpekar, Mr.Ameet Mehta,
 Mr.Nirav Marjadi, Ms.Srushti Mehta, Ms.Rebha Dogra, Mr.Kushal
 Harnesha i/by Solicis Lex, Advocate for the Applicant.
 Mr.Neelanshu Roy i/by S.Legal, Advocate for the CFM ARC.
 Mr.Hemant Ghadigaonkar, Advocate for the Respondent.


                               CORAM      :      ABHAY AHUJA, J.

                               DATE       :      28th AUGUST 2024

 P.C. :

1. Pursuant to order dated 7th August 2024, today when the matter

is called out, Mr.Roy, learned Counsel, appears for the CFM Assets

Reconstruction Private Limited and submits that affidavit is ready and

925-IA(L)-20210-2024-EXA(L)-2345-2024.doc

furnishes copies of the same to the other Counsel in the matter. Let the

affidavit be filed in the Registry.

2. Mr.Roy also submits that the earlier valuation is dated 17 th

September 2020 and therefore a fresh valuation of the Judgment

debtor's property mortgaged to CFM has been undertaken and the fresh

valuation report is expected any time soon. Let the latest valuation

report also be circulated by the CFM in advance.

3. Let Mr.Bharucha, learned Counsel for the Applicant in both the

Interim Applications, consider the affidavit and file a response, if

necessary, by the next date. Let Mr.Ghadigaonkar also to go through

the said affidavit, and if necessary, respond to the same.

4. List on 19th September 2024.

5. The restraint in paragraph 6 of the order dated 3rd July 2024 to

continue till the next date.

6. This Court is informed that the Respondent is present in the

Court today. Respondent is directed to remain present on the next date

as well.

(ABHAY AHUJA, J.)