Kotak Mahindra Bank Ltd vs Klb Marketing And Anr
2024 Latest Caselaw 6845 Bom

Bombay High Court

Kotak Mahindra Bank Ltd vs Klb Marketing And Anr on 4 March, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                   907. IAL 1465-23 in EXAL 18144-22.doc


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

                   INTERIM APPLICATION (L) NO. 1465 OF 2023
                                     IN
                 EXECUTION APPLICATION (L) NO. 18144 OF 2022

 Kotak Mahindra Bank Ltd.                                                  ...Applicant
       V/s.
 KLB Marketing and Anr.                                                    ...Respondents

 Mr. Narayan Awate, Advocate for the Plaintiff.

                           CORAM       :       ABHAY AHUJA, J.

                           DATE        :       4th MARCH, 2024
 P.C. :

1. This interim application seeks directions to the Judgment Debtors

not to create any third party rights in respect of the property being Flat

No. A302, 3rd Floor, Sagar Tarang Co. Operative Housing Society Ltd.,

C. T. S. No. 1067, Village Versova, Taluka Andheri, situated at Plot No.

24, Opp. Picnic Cottage, J. P. Road, Versova Andheri (W), Mumbai-400

061.

2. Mr. Awate, learned Counsel appears for the Applicant and

submits that the Applicant has taken out an execution application

seeking execution of award dated 30 th October, 2018 against the

Respondent for a sum of Rs. 26,22,630.46/- in addition to interest.

Learned Counsel would submit that the decree has remained

907. IAL 1465-23 in EXAL 18144-22.doc

unsatisfied despite notice. Learned Counsel seeks to rely upon an

affidavit dated 4th March, 2024 and submits that although the

intimation was received by Respondent No. 2, however, the packet has

been returned with a remark "unclaimed". As regards the Respondent

No.1, learned Counsel submits that the same could not be served as the

adressee has left without instructions. Learned Counsel submits that

the Respondents are deliberately trying to avoid the service and seeks

some time to take out an appropriate application and in the meanwhile

seeks restraint on the Respondents from dealing with or disposing with

the said property.

3. Let the appropriate application be taken out by the next date. List

on 1st April, 2024.

4. In the meanwhile, until the next date, Respondents are directed

not to, in any manner whatsoever, deal with and or dispose of the said

property. Let copy of the order also be served upon the Respondents.

(ABHAY AHUJA, J.)