Himbindu Co Operative Society Limited vs Jitendra Shankerklal Brahmbhat
2024 Latest Caselaw 2775 Bom

Bombay High Court

Himbindu Co Operative Society Limited vs Jitendra Shankerklal Brahmbhat on 30 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                   11-IA-3590-23.doc

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

                         INTERIM APPLICATION NO. 3590 OF 2023
                                          IN
                  EXECUTION APPLICATION (L) NO. 17394 OF 2023


      Himbindu Co-Operative Society Limited                 ...Applicant/
                                                            Claimants

                Versus

      Mr. Jitendra Shankerlal Brahmbhatt                    ...Respondent

                                       ----------
      Mr. Ajay Panicker i/by Ajay Law Associates for the Applicant /
      Petitioner.
      Ms. Aneesa Cheema a/w Mr. Krishkumar A Jain, Mr. Kalpesh A
      Bandre i/by Mr. Ritesh Jain for the Respondent.
      (No R & P)
                                       ----------

                                       CORAM : R.I. CHAGLA J

                                         DATE       : 30 January 2024

      ORDER :

1. Ms. Cheema, the learned Counsel appearing for the

Judgment Debtor has sought extension of time to file Affidavit of

Disclosure which was directed to be filed by order dated 11th

January 2024. She has submitted that the Affidavit of Disclosure is

ready. However, the documents in support thereto are still being

11-IA-3590-23.doc

compiled and the same will be filed within a period of one week from

today.

2. Accordingly, extension of time is granted. The

Respondent/Judgment Debtor shall file Affidavit in Reply on or

before 6th February 2024.

3. The Applicant/Claimant is at liberty to file Affidavit in

response to Disclosure Affidavit within a period of one week

thereafter.

4. Ms. Cheema has also tendered to this Court the internal

emails exchanged by the Respondent with his father and which

shows that a customer namely Mr. Shalibhadra Chandrakant Vora is

interested in purchasing the flat Nos. 1301, 1302 which were unsold

as observed by this Court in the said order. The internal emails dated

29th January 2024 and 30th January 2024 showing the payment

schedule as well as the aforementioned customer's name are taken on

record and marked "X" for identification.

5. Mr. Panicker, the learned Counsel appearing for the

11-IA-3590-23.doc

Applicant has submitted that this has been brought to the notice of

the Applicant today and there are no supporting documents including

that of the concerned customer showing that he is interested in

purchasing the said flats.

6. The Respondent/Judgment Debtor shall share with the

Applicant the particulars of the offer received from Mr. Shalibhadra

Chandrakant Vora for the said flats within a period of one week from

the date of this order.

7. The matter shall be placed on 16th February 2024, High

on Board.

[R.I. CHAGLA J.]