Nkgsb Co.Op. Bank vs Swapna Sujit Patkar
2024 Latest Caselaw 3571 Bom

Bombay High Court

Nkgsb Co.Op. Bank vs Swapna Sujit Patkar on 6 February, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                        1             45 ial 1376-24 and 46 ial 1377-24-os.doc


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

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

 NKGSB Co-operative Bank                                ... Applicant
      Vs.
 Swapna Sujit Patkar and anr.                           ... Respondents

                                 AND
               INTERIM APPLICATION (L) NO.1377 OF 2024
                                  IN
          COMMERCIAL EXECUTION APPLICATION (L) NO.842 OF 2024

 NKGSB Co-operative Bank                                ... Applicant
      Vs.
 Swapna Sujit Patkar and anr.                           ... Respondents
                                            -------

 Mr. Arsha Mishra with Ms.Khushboo Agarwal, Advocates for the Applicant.
 Ms. Anjali Tiwari i/by M/s AVC and Associates, Advocate for the
 Respondents.
                                -------

                            CORAM :   ABHAY AHUJA, J.

                            DATE :    06 FEBRUARY, 2024.


 P.C. :

1. These Interim Applications seek disclosure of assets to the Court

Receiver as well as restraint against the Judgment Debtors by an order of

an injunction.

   Priya R. Soparkar                                                                        1 of 2



                                         2       45 ial 1376-24 and 46 ial 1377-24-os.doc

2. Mr. Arsha Mishra, learned counsel appears for the Interim Applicant

and submits that the Judgment Debtors has a residential bungalow in

Santacruz (E), Mumbai and it is likely that the Judgment Debtors may

dispose of the same and/or create third party rights.

3. Ms. Anjali Tiwari, learned counsel appears for the Judgment

Debtors and submits that she has received copy of the Applications only

yesterday and seeks some time to take instructions.

4. At her request, to take instructions, list on 22nd February, 2024.

5. In the meanwhile, let there be a restraint on the Judgment Debtors

in terms of prayer clause (c) from dealing with, disposing off, selling,

alienating, encumbering, creating third party rights in respect of the

residential Bungalow No.4874, Shubh Swapna Building, UID No.

HE3000140990000 (H/East Ward) 3rd lane, CST Road, Kalina Santacruz

(E), Mumbai 400 098, more particularly set out in the schedule to the

Execution Application.

                                                   (ABHAY AHUJA, J.)


   Priya R. Soparkar                                                                   2 of 2