Disposed

M/S. Citadel Architectural Solutions Pvt. Ltd. and 2 Ors. v. Dcb Bank Limited and Anr.

Bombay HC8 Jul 2014WP/1617/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition by consent, granting petitioners leave to visit the suit flat with an officer to inventoried and remove movable properties, subject to respondent objection costs.

What did the court decide?

Leave to visit flat on 10.07.2014 to inventory and remove movable items with court officer; deduction of Rs.10,000 court costs.

M/S. Citadel Architectural Solutions Pvt. Ltd… — Civil Procedure and Limitation | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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WRIT PETITION LOD. NO.1766 OF 2014

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M/s.Citadel Architectural Solutions Pvt. Ltd. and Ors.

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and Ors. .. Petitioners - Versus - DCB Bank Limited and Anr. .. Respondents

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Mr.Mayur Khandeparkar with Jamshed Ansari for petitioners Mr.M.P.S.Rao, Senior Advocate with Mr.Rakesh Singh i/b. M.V.Kini & Co., for respondent No.1.

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CORAM : S.J.VAZIFDAR & A.K.MENON, JJ. DATE : 8^th July 2014.

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P.C.

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1] The petitioners merely seek return of their moveable properties/ items lying in the suit flat. In this petition, they do not seek any reliefs in respect of the measures taken under the SARFAESI Act.

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2] Mr.Khandeparkar learned Counsel appearing for petitioners states that this order will not be relied upon in any manner whatsoever to stall/ delay the sale of the flat as the only intention is to get the possession of moveable properties/items lying in the flat.

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3] The petition is disposed of by the following order by consent of the parties:-

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wp1766-14

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(a)The petitioner shall be entitled to visit the flat along with his Advocate, a representative of first respondent and its Advocate on 10^th July 2014 at 4.00 p.m. without further notice. An officer of this court shall also remain present. The officer shall be appointed by the Prothonotary & Senior Master. The officer shall make an inventory of the articles of which possession is sought to be taken by the petitioners. A copy of inventory shall be signed by the petitioner's representative and first respondent's representative. The petitioners shall be entitled to remove the articles unless the respondent raises any objection, in which event, liberty to the petitioner to apply with respect to the disputed articles. The petitioner agrees to pay cost of the Court Commissioner quantified at Rs.10,000/-. The amount shall be deposited with the Commissioner on account in advance. The petitioner shall identify its representative who will visit the site by 5.00 p.m. today in writing to respondent's Advocate.

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(A.K.MENON, J)

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( S.J.VAZIFDAR, J.)

M/S. Citadel Architectural Solutions Pvt. Ltd. and 2 Ors. v. Dcb Bank Limited and Anr.

Case brief

What is this about?

What did the court decide?

M/S. Citadel Architectural Solutions Pvt. Ltd. and 2 Ors. v. Dcb Bank Limited and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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