Bombay High Court
Kotak Mahindra Bank Limited vs Vishwanath Dinakar Mhatre And Sushila ... on 25 November, 2025
Author: Madhav J. Jamdar
Bench: Madhav J. Jamdar
2-CHS-964-2014+.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.964 OF 2014
IN
EXECUTION APPLICATION NO.1181 OF 2014
Kotak Mahindra Bank Limited ...Applicant
Versus
Vishwanath Dinakar Mhatre & Anr. ...Respondents
WITH
INTERIM APPLICATION (L) NO.429 OF 2025
IN
CHAMBER SUMMONS NO.964 OF 2014
Vishwanath Dinakar Mhatre & Anr. ...Applicants
Versus
Kotak Mahindra Bank Limited ...Respondent
Ms. Rahila Memon a/w. Neha Deshmukh, Reet Jain i/b. S. I. Joshi
& Co., for the Applicant.
Mr. R. L. Motwani, for the City Union Bank.
Mr. Subhash Jaiswar, for the Respondent Nos.1 and 2.
Ms. Swathy Ramanathan, Senior Manager, Kotak Mahindra Bank
Ltd., present.
Mr. N. C. Pawar, Court Receiver, High Court, Bombay, present.
Mr. Swayam S. Chopda, OSD, Court Receiver, High Court, Bombay,
present.
CORAM: MADHAV J. JAMDAR, J.
DATED : 26th NOVEMBER 2025
P. C.:
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2-CHS-964-2014+.DOC
1. Mr. Subhash Jaiswar learned Counsel appears for the
Judgment Debtor i.e. Respondent Nos.1 and 2 and seeks time.
2. However, Ms. Memon, learned Counsel appearing for the
Execution Applicant pointed out the order dated 21 st March 2025
passed by a learned Single Judge by which, the Court Receiver of
this Court has appointed as Receiver on the attached assets of the
Respondents and the Court Receiver has been directed to take
further steps for implementing the order dated 11 th March 2025,
by ensuring sale of such assets of the Respondents by way of
auction in order to satisfy the arbitral award. The Court Receiver
who is present in Court submits that, unless the original Title
Deeds are submitted to the Court Receiver, further steps could not
be taken.
3. A learned Single Judge on 9th July 2025 read with further
order dated 20th August 2025 recorded that original Title Deeds
are with the City Union Bank Limited, Branch Officer at Shop No.1,
Namashree CHS, Ground Floor, Dr. Rajendra Prasad Road, Near
Tilak Nagar Post Officer, Dombivli-421 201 and therefore, issued
notice to the Manager, City Union Bank.
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2-CHS-964-2014+.DOC
4. Mr. Motwani, learned Counsel appears for the Branch
Manager, City Union Bank Limited, Dombivli Branch. He tenders
photocopy of letter dated 26th August 2025. It is surprising to note
that one or two days before the said order dated 20 th August 2025
has been passed, on 18th August 2025, by RTGS Rs.17,00,000/-
have been paid in the loan account of City Union Bank and on 19 th
August 2025 Rs.4,00,000/- have been deposited and accordingly,
the said account has been closed on 21 st August 2025. It is also
significant to note that thereafter, immediately on 26 th August 2025
original documents were taken into custody by the Respondent
No.1-Vishwanath Dinakar Mhatre from City Union Bank Limited.
5. Mr. Motwani, learned Counsel submits that after title deeds
were handed over, the City Union Bank Limited, Dombivli Branch
received notice issued by this Court pursuant to the said order
dated 20th August 2025 passed by a learned Single Judge. A
photocopy of statement of loan account of the Respondent No.1
produced by Mr. Motwani, learned Counsel is taken on record and
marked 'X1' for identification and photocopy of receipt of Title
Deeds executed by Vishwanath Dinakar Mhatre on 26 th August
2025 is taken on record and marked 'X2' for identification.
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2-CHS-964-2014+.DOC
6. Thus, it is clear that the title deeds are with the Respondent
No.1-Vishwanath Dinakar Mhatre. Mr. Subhash Jaiswar, learned
Counsel of the Respondent No.1, on instructions of the Respondent
No.1, who is personally present in Court, submits that the said title
deeds are now with the friend of the Respondent No.1 who has
advanced some money. Thus, it is clear that the Respondents are
ensuring that Award passed by the Arbitrator is not executed and
are trying to create third party interest with respect to the property
which is attached as per the order passed by the learned Single
Judge.
7. Thus, in the facts and circumstances, case is made out for
directing the Court Receiver, High Court, Bombay to take
immediate possession of the premises in question. The Court
Receiver, High Court, Bombay to take physical possession of the
subject property and for the time being to appoint the Respondent
No.1-Vishwanath Dinakar Mhatre as his agent without any security
or royalty. This order is passed just to ensure that the property
which is attached is secured.
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8. Prima facie, the conduct of the Respondent No.1-Vishwanath
Dinakar Mhatre of trying to create third party interest with respect
to the property which is attached under the direction of this Court
amounts to interference in the administration of justice. However,
the said aspect can be considered afterwards.
9. The Court Receiver, High Court, Bombay to take immediate
steps.
10. Stand over to 3rd December 2025. To be listed fairly high on
board.
[MADHAV J. JAMDAR, J.]
Digitally
signed by
SONALI
SONALI MILIND
MILIND PATIL
PATIL Date:
2025.11.26
19:37:04
+0530
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