Allowed

The Cosmos Co. Operative Bank Ltd. v. Kanch Ghar

Bombay HC5 Jul 2023IA/1448/2023

Case brief

AI extract

What is this about?

The Bombay High Court allowed an interim application filed by a bank to condone a delay of nearly three years in seeking an extension of the warrant of sale returnable date. The court also granted permission to withdraw a previously filed chamber order.

What did the court decide?

Delay of over two years condoned; returnable date of warrant extended to 12th April, 2024; Chamber Order No. 14526 of 2021 allowed to be withdrawn.

The Cosmos Co. Operative Bank Ltd. Vs Kanch Ghar — Execution and Attachment | Bombay HC (2023)

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15.IA.1448.2023.doc

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

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INTERIM APPLICATION NO. 1448 OF 2023 IN

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COMMERCIAL EXECUTION APPLICATION NO. 81 OF 2016

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The Cosmos Co-operative Bank Ltd.

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...Applicant

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Versus

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Kanch Ghar ...Respondent

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SHRIKANT SHRINIVAS MALANI

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Digitally signed by SHRIKANT SHRINIVAS MALANI Date: 2023.07.07 13:57:58 +0530

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 Mr. Jayant Gaikwad, for Applicant.

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CORAM : MANISH PITALE, J. DATE : 05^th JULY, 2023.

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P. C. :

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Heard, learned Counsel for the Applicant.

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By this application, the Applicant is seeking extension of returnable date of warrant of sale of movable and immovable properties. It is brought to the notice of this Court that there is delay in moving the present application but, the delay occurred, inter alia, because the erstwhile advocate of the Applicant had filed Chamber Order in July, 2021, for extension of returnable date of warrant. But, the execution department directed the said advocate to file interim application, this being a commercial execution application. Thereafter, the said advocate informed the claimant that he did not wish to continue representing the claimant in the commercial execution proceedings, as result of which, the present advocate was engaged in the matter.

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Shrikant

15.IA.1448.2023.doc

It is also brought to the notice of this Court that earlier returnable date of the warrant was during the covid period and in these circumstances, this Court may consider condoning the delay and granting extension of the returnable date of the warrant. A specific prayer is also made for allowing the Applicant to withdraw the Chamber Order (Lodging) No. 14526 of 2021, which appears to have been erroneously filed on behalf of the Applicant.

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This Court has considered the material on record. In the interest of justice, the application deserves to be allowed.

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Accordingly, it is allowed in terms of prayer clauses (a), (b) (c), which read as follows :

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“a. This Hon’ble Court may be pleased to condoned delay of 02 years 10 Months and 22 days in filing the Interim Application.

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b. This Hon’ble Court be pleased to extend the returnable date of Warrant of sale of movable and immovable properties under Order XXI Rule 64 of Civil Procedure Code, 1908 from 12^th day of April, 2020 to 12^th day of April, 2024;

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c. This Hon’ble Court may be pleased to allow the Applicant to withdraw the Chamber Order (L) No. 14526 of 2021.”

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The application is disposed of.

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(MANISH PITALE, J.)

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Shrikant

The Cosmos Co. Operative Bank Ltd. v. Kanch Ghar

Case brief

What is this about?

What did the court decide?

The Cosmos Co. Operative Bank Ltd. v. Kanch Ghar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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