Dilip H. Shah v. Rashmikant Shah and 9 Ors.
Case brief
What is this about?
Plaintiff sought leave to withdraw an application invoking inherent jurisdiction in a suit for specific performance pending alongside bank recovery proceedings on the same property.
What the court decided
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25.nms.3176.2008.doc
dik
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
NOTICE OF MOTION NO. 3176 OF 2008 IN
SUIT NO.2659 OF 2008
Dilip H. Shah ...Plaintiff
vs Rashmikant Shah & Ors. ...Defendants
Mr Prakash Ganwani with L. Fernandes i/b Y.P.Singh for the Plaintiff. None for the Defendants.
CORAM : S.C. GUPTE, J. SEPTEMBER 16, 2014
P.C. :
The present suit is in respect of an agreement for sale entered into between Defendant Nos.1 to 3 and the Plaintiff. The suit property forms part of the security created by Defendant Nos.1 to 3, who are the co-owners of the suit property, in favour of three banks, who are Defendant Nos.8,9 and 10 in the present suit. Defendant No.9 has already adopted recovery proceedings under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The recovery proceedings are pending before the Recovery Officer, Debt Recovery Tribunal-II, Mumbai. There is a proclamation of sale already issued in the recovery proceedings. The proclamation of sale inter alia records the Plaintiff's claim in the present suit. In view of this, the learned Counsel for the Plaintiff seeks leave to withdraw the present Notice of Motion with a liberty to adopt suitable proceedings in case other two banks, namely, Defendant Nos.8 and 10 adopt any recovery proceedings in respect of the suit property. The Notice of Motion is dismissed as withdrawn, with liberty as prayed.
Coram
S.C. Gupte
Case details
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