The Court allowed an interim application seeking extension of the returnable date of a warrant of sale under Order XXI Rule 64 of CPC, condoning an 18-day delay in filing.
Extension of returnable date of warrant of sale of immovable properties to 01.12.2023, and condonation of 18-day delay.
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.
905_IA_108_23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 108 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO. 119 OF 2020
The Cosmos Co-operative Bank Limited … Applicant/Claimant
vs.
Mitsu Book Private Limited and others … Respondents
Mr. Jayant Gaikwad and Ms. Pushpa Prajapati for applicant/claimant. Ms. Miloni Gala, i/b. Vimla & Co. for respondent No.4.
CORAM : MANISH PITALE, J DATE : 06th JULY, 2023
P.C. :
. By this application, the applicant (original disputant) is seeking extension of returnable date of warrant of sale of immovable properties.
(MANISH PITALE, J)
Digitally signed by PRIYA PRIYA KAMBLI KAMBLI Date: Priya Kambli 2023.07.07 16:01:40 +0530
1/1
2 issues framed by the court
Whether delay of 18 days in filing application for extension of returnable date should be condoned, and warrant of sale date extended
Whether the application for extension of returnable date of warrant of sale is maintainable under the circumstances
1 provisions across 1 enactments
The Cosmos Co-operative Bank Limited
Mitsu Book Private Limited
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
