Order 1

Order Details: Order below exhibit
Pdf Text: Order on Exh. 6
in Exe. Appln No. 420 of 2013
MHCC010021422018
IN THE BOMBAY CITY CIVIL COURT FOR
GREATER MUMBAI
ORDER BELOW EXH.6
IN
EXECUTION APPLICATION NO.420 of 2013.
Abhudaya Co-op. Bank Ltd. ...Disputant/
Decree Holder.
In the matter of :-
Abhudaya Co-op. Bank Ltd. ...Disputant/
Decree Holder.
V/s.
M/s. Arunodaya Steel Rolling Mills & Others ..Defendants.
Appearances :-
Adv. Nilesh Thakur for plaintiff.
None for defendants.
Coram : Shri.U. C. Deshmukh.
C.R. No.: 59.
Date : 04/09/2023
ORDER
This Application is moved by the decree holder to issue fresh
warrant for sale of property of proprietor of Opponent No.1 and Opponent
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Order on Exh. 6
in Exe. Appln No. 420 of 2013
No.4 situated at Flat No.501/B wing, 5th Floor, Maruti Apt., CHS Ltd.,
Mithanagar Cross Road, Mulund (West), Mumbai 400 080 and immovable
property of Proprietor of Opponent No.1 and Opponent No.4 situated at
Shop No. 3, Ground Floor, Plot No.61/32, Sainath Patil Plaza Premsies Co-
op. Soc. Ltd. J.N.Road, Mulund (West) Mumbai – 400 080 and Original
Warrant of Sale of Movable property dated 13th March, 2015 in respect of
movable articles belonging and in the possession of the Respondents No.1
to 4 abovenamed lying and being in their ownership premises situated at
Shop No.3, Ground Floor, Plot No. 61/32, Sainath Patil Plaza Co-op.
Soc.Ltd, J.N.Road, Mulund (West), Mumbai – 400 080.
2. Heard Ld. Advocate for the plaintiff.
3. It is contention of the Ld. Advocate for the decree holder that
warrant of sale on immovable property in possession of respondent No.1
and 4 was issued. Accordingly, report was submitted by the Registrar.
4. It is specific contention of the decree holder that original
warrant for sale of immovable property was issued on 13.03.2015.
However, it is misplaced. The Deputy Sheriff of this Court has submitted
his report the registrar of this Court on 10.08.2023 which is annexed at
Exh. 13. Hence, prayed to issue fresh warrant for sale.
5. On perusal of warrant of sale attached at Exh. A and report of
Deputy Sheriff at Exh. B, it is seen that warrant of sale was attached.
6. Considering the fact that the warrant of sale was already
issued and fact that the Judgment debtor failed to file their reply to
application at Exh.6 those no hurdle to allow this application. Accordingly,
following order is passed :
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Order on Exh. 6
in Exe. Appln No. 420 of 2013
ORDER
1. Application at Exh. 6 is allowed as prayed for.
2.Accordingly issue warrant of sale.
3.Application at Exh. 6 is disposed off accordingly.
(Dictated and Pronounced in open Court).
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:04.09.2023 Greater Bombay (CR 59).
Declared on : 04.09.2023
Dictated on : 04.09.2023
Transcribed on : 14.09.2023
Checked on : 18.09.2023
Signed on : 25.09.2023
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