Single Judge designates an interim relief to restrain physical possession of a dwelling unit by a bank by directing the debtor to deposit an amount and submit a payment schedule.
Interim restraining order on possession granted contingent on deposit of Rs 15 lakhs and submission of repayment schedule.
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.
I.A. No.328/2024 SA 202 of 2023
| 14/02/2024 | Ex. No. |
Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. Order in I.A. No.328/2024 In SA 202 of 2023 Ms Harshadrai and Sons and Ors Vs Kotak Mahindra Bank Limited |
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| Advocate Harshad Sathe a/w Shaguf P. and Padma C. appeared for the Applicant. Advocate Alok Mishra appeared for the Respondent. I.A. No. 328/2024 1. By way of the present I.A. the Applicant is praying to restrain Respondent from taking physical possession of the Flat No.4, Ground Floor, Bharatkunj CHS, 59, Bapubhai Vashi Road, Vile Parle West, Mumbai – 400 056 (herein after referred as “property in question”). 2. Ld. Counsel for the Applicant submits that he is having good case on merit, |
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| however, to protect the property in question the Applicant is ready to deposit Rs.3 Lakh by tomorrow and further Rs. 6 Lakh within 2 weeks time. 3. Ld. Counsel for the Respondent Bank strongly objected on the same. 4. Considered the rival contention and gone through the record. |
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I.A. No.328/2024 SA 202 of 2023
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I.A. No.328/2024 SA 202 of 2023
possession of property in question to the Respondent Bank and further, the Respondent Bank/ Court Commissioner may take the possession of property in question, without further notice to Applicant. 9. In case necessary Police Assistance is required, the concerned Police Station shall provide the same to the Bank/ Court Commissioner. 10.With the above said direction the present I.A. is disposed off. P.O. DRT-I
SP/-39
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1 issue framed by the court
Whether permission for interim relief to restrain possession of dwelling unit can be granted against deposit.
Harshadrai and Sons and Ors
Kotak Mahindra Bank Limited
Rekha G. Dhakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
