Allowed

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

Bombay HC18 Jul 2024IA/2159/2024

Case brief

AI extract

What is this about?

The High Court allowed interim applications to amend a commercial execution application and a connected interim application to bring the deceased respondent's heirs on record, ordering service of copies within two weeks of the amendment.

What did the court decide?

Commercial Execution Application No.81 of 2016 and Interim Application No.1975 of 2021 be amended to bring the deceased respondent's heirs on record and served.

The Cosmos Co-Operative Bank Ltd. vs Kanch Ghar — Execution and Attachment | Bombay HC (2024)

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Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2024.11.25 19:38:23 +0530

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16-IA-2159-2024.doc

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

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IN ITS COMMERCIAL DIVISION

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INTERIM APPLICATION NO. 2159 OF 2024

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INTERIM APPLICATION NO. 1975 OF 2021

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COMMERCIAL EXECUTION APPLICATION NO. 81 OF 2016

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The Cosmos Co-operative Bank Ltd. … Applicant In the matter between : The Cosmos Co-operative Bank Ltd. … Claimant Versus Kanch Ghar and others … Respondents And Sonalben Shantilal Shah and others … Co-Respondents

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WITH

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INTERIM APPLICATION NO. 1989 OF 2024

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COMMERCIAL EXECUTION APPLICATION NO. 81 OF 2016

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The Cosmos Co-operative Bank Ltd. … Applicant In the matter between : The Cosmos Co-operative Bank Ltd. … Claimant Versus Kanch Ghar and others … Respondents And Hitesh Shantilal Shah and others … Proposed Respondents

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------------Mr. Jayant Gaikwad alongwith Ms. Pushpa Prajapati, Advocates for the Applicant/Claimant. Ms. Kalyani Wagle instructed by T.N. Tripathi & Co., Advocate for the Proposed Respondents.

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------------CORAM : ABHAY AHUJA, J. DATE : 25 NOVEMBER 2024

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Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2024.11.25 19:36:19 +0530

Kanchan Dhuri 1/3

16-IA-2159-2024.doc

P.C. :

In both these Interim Applications, the Applicant is seeking to respectively amend the Commercial Execution Application No.81 of 2016 and Interim Application No.1975 of 2021 in the said Commercial Execution Application.

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Mr. Gaikwad, learned Counsel appears for the Applicant and submits that since the Respondent No.2 has died, by these Applications, his heirs are sought to be brought on record in the Commercial Execution Application as well as in the Interim Application in the said Commercial Execution Application. Mr. Gaikwad submits that the following heirs are sought to be brought on record :

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(i) Mr. Hitesh Shantilal Shah

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(ii) Mr. Dhaval Shantilal Shah A-302, Abhishek Building, Vallabhbhai Road, Vile Parle (West), Mumbai 400 056.

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(iii) Mrs. Rinkal Rahul Gada 1303, Chandak Harmony, Satya Nagar, Borivali (West), Mumbai – 400 067.

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Ms. Wagle, learned Counsel, appears for the legal heirs of the deceased Respondent No.2 and submits that although there is no objection to legal heirs of the deceased Respondent No.2 being brought on record, however, she is objecting to the execution proceedings

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Kanchan Dhuri 2/3

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16-IA-2159-2024.doc

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against the said legal heirs as the property in question had already been transferred.

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Having heard the learned Counsel and having considered their submissions, this Court is of the view that the said two Interim Applications be allowed in terms of respective prayer clauses (a), (b) and (c).

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Let the Commercial Execution Application No.81 of 2016 and the Interim Application No.1975 of 2021 be amended as per the Schedule and the heirs mentioned above to be brought on record within a period of four weeks.

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Let the amended copies of the Commercial Execution Application and the Interim Application be served upon the newly added Respondents within a period of two weeks thereafter.

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The newly added Respondents are at liberty to file reply to the Commercial Execution Application as well as connected Interim Applications, with a copy to the Applicant.

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Both the Interim Applications accordingly stand allowed and disposed.

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(ABHAY AHUJA, J.)

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Kanchan Dhuri 3/3

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

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