Dismissed

Manilal Shivji Balasara v. Cholamandalam Investment and Finance Company Ltd.

DRT4 Jun 2024SA/203/2024

Case brief

AI extract

What is this about?

The I/c P.O. dismissed an interlocutory application seeking a restraining order against the respondent's possession of a flat. The court held the application non-maintainable as the applicant failed to challenge the legality of the measures taken by the respondent, despite a prior undertaking to deposit amounts.

What did the court decide?

No restraining order was granted; the applicant's Interim Application was dismissed.

Manilal Shivji Balasara versus Cholamandalam Investment and… — Property and Title | DRT (2024)

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04/06/2024	Ex. No.	Before Presiding Officer Dr. Rekha G. Dhakar, I/c. DRT-3, Mumbai. *Roznama in S.A. No. 203 of 2024* *Manilal Shivji BalasaraVs* *Cholamandalam Investment and* *Finance Company Ltd*	Next date
		Advocate S. V. Raja Bhat appeared for the Applicant. Advocate Alok Mishra appeared for the Respondent. IA No. 2015/2024 1. By way of the present IA the Applicant is seeking restraining order against the possession of the property i.e. Flat No. 1201, C, Harmony Tower, Off. Pandit Deendayal Upadhyay Marg, Dumping Road, Mulund (West), Mumbai- 400 080 (hereinafter referred to as “property in question”.) 2. Ld. Counsel for the Applicant contends that the Applicant is ready to deposit some amount immediately and therefore, he submits the Respondent may restrained from taking possession of the property in question. 3. On the other hand, Ld. Counsel for the Respondent strongly objected to the contention of the Applicant and contends that the Applicant has already gave and

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undertaking in March 2024 for depositing the amount but failed to adhere the said undertaking, thus, the Applicant is not entitle for any interim relief. 4. Considered the contention of the parties and gone through the record. 5. Since the Applicant did not raise any illegality in the measures taken by the Respondent therefore, the present IA is not maintainable hence, dismissed. I/c. P.O. DRT-3

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Manilal Shivji Balasara v. Cholamandalam Investment and Finance Company Ltd.

Case brief

What is this about?

What did the court decide?

Manilal Shivji Balasara v. Cholamandalam Investment and Finance Company Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

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