Interim Order 1

Order Details: Order below exhibit
Pdf Text: :1: Order below Exh.3 in Execution Appln. No.23/2018
IN THE BOMBAY CITY CIVIL COURT AT MUMBAI
EXECUTION APPLICATION NO. 23 OF 2018
CNR NO.: MHCC010015882018
IN
SUMMARY SUIT NO. 126 OF 2017
SHEKHAR VITHAL KAMTEKAR & ANR. Plaintiffs
Versus
M/S. RUPJI CONSTRUCTIONS & ORS. Defendants
Appearances:
Advocate Mr. Redekar for DH.
Advocate Ms. Sanap for JD No.4.
CORAM : HER HONOUR JUDGE
S.P. AGARWAL
(C.R.NO.28)
DATED : 7h JUNE, 2019.
ORDER BELOW EXH.3
Plaintiff has stated in the pursis that they have no objection to
sell the Flat, which was attached by this Court and if sold by defendant
No.4, Bank of India under SARFESI Act by Public or Private Auction.
Plaintiff has further stated that he has no objection to after adjusting
the Bank of India dues from the sale proceeds, the Bank of India to
deposit the balance sale proceeds in the Court. Plaintiff has further
stated that he may be permitted to withdraw such amount towards
satisfaction of the decree out of the amount deposited by the Bank of
India.
2. Defendant No.4 has filed reply to this suit and stated that
defendant Nos.3 and 4 have submitted the original Title Deeds of their
properties to them with an intention to create equitable mortgage and
did not pay outstanding dues and therefore, their Account was classified
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:2: Order below Exh.3 in Execution Appln. No.23/2018
as N.P.A. Defendant No.4 has further stated that they have already
initiated action under SARFAESI Act to sell the property therefore,
plaintiff has no power and authority to deal with the property.
Defendant No.4 has further stated that the Original Application (L)
No.849 of 2018 before the Hon'ble DRTII, Mumbai is pending for
hearing. Defendant No.4 has no objection to application filed by the
plaintiff. Defendant No.4 has further stated that they will sell the
property under SARFAESI and they will deposit the balance sale
proceeds in this Court after adjusting their outstanding dues of the
Account on their branch.
3. It is pertinent to see that plaintiff has no objection if defendant
No.4 sell the attached flat and after adjusting Bank dues Bank directed
to deposit the balance sale proceeds in the Court. Considering the facts
that the Bank has initiated action under the SARFAESI Act, it will be
proper to allow Bank to deposit balance sale proceeds in the Court after
adjusting their dues from the sale proceeds of the flat. Hence, following
Order:
O R D E R
1. The attachment of Flat No.703 stands vacated.
2. The defendant No.4, Bank of India is directed to deposit the balance
sale proceeds from the sale of flat No.703, 7th floor, Shubh
Ashirwad CHSL, Hindu Colony, 5th Lane, Dadar (E), Mumbai – 400
014 in the Court after adjusting their dues.
(S.P. AGARWAL)
Judge,
Date: 07.06.2019. City Civil Court,
Gr. Bombay.
Dictated on : 07.06.2019
Transcribed on : 07.06.2019
Signed on : 07.06.2019
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:3: Order below Exh.3 in Execution Appln. No.23/2018
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
15.06.2019 At 4:58 p.m. Mr. Subhash Sukhdeo Poul
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
Room No.)
HHJ Ms. S.P. Agarwal
(C.R.NO.28)
Date of pronouncement of
Judgment/Order
07.06.2019
Judgment/Order signed by P.O. on 07.06.2019
Judgment/Order uploaded on 15.06.2019
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