Appeal against an ex parte ad-interim order restricting property transfer in an execution application. Bench disposed appeal with observation pending hearing and extended interim restraint.
Ad-interim order of 29 August 2012 extended until 10 October 2012 pending hearing of chamber summons.
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app-l-658-12.sxw
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
APPEAL (LODGING) NO.658 OF 2012 IN
CHAMBER SUMMONS (LODGING) NO.1323 OF 2012 IN EXECUTION APPLICATION (LODGING) NO.1465 OF 2012 IN
ARBITRATION AWARD DATED 25TH MARCH 2011
Sanjay Kakade ... Appellant Versus M/s.Bhushan Petrofils Pvt.Ltd. ... Respondent
Mr.Venkatesh Dhond, Senior Advocate with Ms.Sneha Phene and Mr.Akshay Patil i/by M/s. Dastur Dadhich & Kalambi for the appellant. Mr.Diniar Madon, Senior Advocate with Mr.Simil Purohit, Mr.Amol Barwe, Mr.Parag Sharma i/by M/s. Udwadia Udeshi & co. for the respondent.
CORAM : MOHIT S. SHAH, C.J. & N.M. JAMDAR, J.
Tuesday, September 11, 2012
P .C.
What is challenged in this appeal is an exparte ad-interim order dated 29 August 2012 of the learned Single Judge directing that the appellant-judgment debtor shall not transfer, alienate, encumber or create any third party rights in the properties mentioned in Clause `J' of the Execution Application for a period of two weeks from the date of the order.
app-l-658-12.sxw
dated 13 March 2008 of the learned Single Judge of Delhi High Court in Daelim Industrial Co.Ltd. v. Numaligarh Refinaery Ltd. and the judgment dated 26 August 2011 of the learned Single Judge of Madras High Court in Kotak Mahindra Bank Ltd. v. Sivakama Sundari S. Narayana S.B. Murthy.
The appeal accordingly stands disposed of.
CHIEF JUSTICE
N.M. JAMDAR, J.
2 of 2
SRK
Sanjay Kakade
M/s.Bhushan Petrofils Pvt.Ltd.
MOHIT S. SHAH
N.M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
