Execution proceedings settled for Rs.2,00,000; respondent deposited Rs.50,000 bail amount with the Prothonotary and Senior Master. Court allowed the applicant to withdraw that deposit via RTGS and disposed of the interim applications and the execution application.
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27-IA-2452-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by KANCHAN KANCHANPRASHANTDHURI PRASHANTDHURIDate:2024.09.30 19:56:48 +0530
INTERIM APPLICATION NO. 2452 OF 2024 IN
EXECUTION APPLICATION (L) NO. 21151 OF 2022
Suryoday Small Finance Bank Limited … Applicant
V/s.
Mohsin Ashraf Khan and another … Respondents
WITH
INTERIM APPLICATION NO. 3158 OF 2022
IN
EXECUTION APPLICATION (L) NO. 21151 OF 2022
Ms. Bijal Gogri instructed by GNP Legal, Advocate for the Applicant. Mr. Mohsin Ashraf Khan, Respondent No.1, present Mr. Chetan Waghmare, Legal Manager/concerned officer of the Applicant, present.
CORAM : ABHAY AHUJA, J. DATE : 30 SEPTEMBER, 2024
P.C. :
September 2024, today when the matter is called out, Ms. Gogri appears for the Applicant and submits that an additional Affidavit dated 12th September 2024 on behalf of the Applicant has been filed on 21st September 2024. Ms. Gogri submits that the settlement amount is of Rs.2,00,000/- and the Respondent paid Rs.1,50,000/- and Rs. 50,000/-
Kanchan Dhuri 1/3
27-IA-2452-2024.doc
towards the bail amount has been deposited with the Prothonotary and Senior Master and this Court by order dated 8th May 2024 clearly recorded in paragraph 5 that the bail amount of Rs.50,000/- would be adjusted against the dues of the Applicant and that therefore, this Court allow the Applicant to withdraw Rs.50,000/- deposited with the Prothonotary and Senior Master.
(a) That be pleased to direct the Prothonotary and Senior Master to allow the Applicant/decree holder to withdraw Rs.50,000/- being deposited with them by the Respondents to satisfy their outstanding dues against the Respondents.
(b) That be pleased to direct the Prothonotary and Senior Master to transfer the funds of Rs.50,000/- via RTGS in the bank account of the Applicant having their Bank account maintained with HDFC BANK, ACCOUNT NO. 57500000333029, TYPE OF ACCOUNT CURRENT ACCOUNT, BRANCH BELAPUR NAVI MUMBAI IFSC CODE HDFC0000830 of the Applicant after complying with the requisites with the Prothonotary and Senior Master.”
Kanchan Dhuri 2/3
27-IA-2452-2024.doc
above. So also the Execution Application and the connected Interim Application also stand disposed.
(ABHAY AHUJA, J.)
Kanchan Dhuri 3/3
Suryoday Small Finance Bank Limited
Mohsin Ashraf Khan
Another
Abhay Ahuja
As recorded by the court registry
3 orders share this CNR
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