Court stayed the auction of attached shop premises for one month to allow the applicant to clear the owed amount and interest, contingent upon payment, otherwise execution proceeds as directed.
Stayed auction of attached premises for one month; applicant to pay cleared amount and interest within that period, otherwise execution to proceed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 110 OF 2007
IN
WRIT PETITION NO. 7000 OF 2006
----------------------------------------------------------------------
Office Notes, Office Memoranda of :
coram, appearances, Court’s Orders: Court’s or Judge’s orders
or directions and Registrar Orders:
----------------------------------------------------------------------
Mr.S.M. Sabrad for the Applicant.
Mr.V.V. Shinde i/b Tandel & Co. for
the Respondents.
CORAM : H.L. GOKHALE, ACG. CJ. &
V.M. KANADE, J.
DATE : 22ND JANUARY 2007
P.C. :
1. Heard Mr.Sabrad for the
Applicant. Mr.Shinde appears for the
Respondents.
2. The application seeks further
extension of one month to clear the
entire amount as well as the interest as
was directed earlier. Mr.Shinde
appearing for the Bank of Baroda opposes
this application. The Applicant has
relied upon a letter dated 17th January
2007 addressed by an Estate Agent to the
Bank of Baroda which says that Bank of
Saurashatra is ready to make payment.
There is no letter of Bank of Saurashtra
placed on record. The shop premises of
the Applicant are presently attached and
sealed. All that we can say is that
since the Applicant wants to arrange the
amount and make the payment within one
month, the shop premises of the
Applicant will not be auctioned and sold
during this period. The Applicant may
arrange the payment within one month.
If he fails to arrange it, thereafter
the Bank of Baroda will proceed to take
further steps.
3. Civil Application stands disposed
of.
ACG. CHIEF JUSTICE
V.M. KANADE, J.
1 issue framed by the court
Whether the auction of the attached properties should be stayed to allow the applicant to clear the outstanding amount and interest within one month.
Saurashtra Multiplex Builders Private Limited
Bank of Baroda
H.L. Gokhale
V.M. Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court