Disposed

Basic Style Pvt. Ltd. v. Bank of Maharashtra

DRT6 Feb 2024SA/39/2024

Case brief

AI extract

What is this about?

In SA 39 of 2024, the applicant sought a stay on a possession notice due to procedural objections. The court directed the applicant to deposit Rs. 40 lakhs immediately; if done, the respondent would hold off on possession until the next date. The IA was disposed of.

What did the court decide?

Applicant directed to deposit Rs. 40 lakhs immediately; upon deposit, respondent to hold hands till next date.

Basic Style Pvt. Ltd. versus Bank of Maharashtra — Civil Procedure and Limitation | DRT (2024)

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06/02/2024	Ex. No.	Before Presiding Officer Dr. Rekha G. Dhakar, DRT-1, Mumbai. *Order IA No. 240/2024* in *SA 39 of 2024* *Basic Style Pvt Ltd Vs Bank Of* *Maharashtra*	Next date
		Advocate Rajesh Nagory a/w Adv. Mallika Joshi a/w Adv. Khushi Merchant appeared for the Applicant. Advocate Ms. Mable i/b Soans of Mable & Association appeared for the Respondent. IA No. 240/2024 1. By way of the present IA the Applicant is praying to stay the effect and operation of notice dated 19.01.2024 issued by the Court Commissioner order dated 08.09.2023 passed by Ld. CMM, Mumbai in respect of the subject property Flat No. 9, 2^ndFloor, Jumbo Cooperative Housing Society, Opp. Tawa Restaurant, Tuner Road, Bandra (West), Mumbai 400 050.
		(hereinafter referred to as “property in question”) 2. Heard both sides at some length. 3. Ld. Counsel for the Applicant has raised
		various objections including that the
		court commissioner failed to issue a
		notice of 15 days as the present notice is

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of only 14 days thus, he contends that the Respondent may be restrained from taking possession of the property in question on the basis of the present notice to take possession. He also contends that the Applicant is ready to deposit some amount with this Tribunal, to protect his property.

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After, hearing both sides and also considering the peculiar facts in the present matter that the property in question is a residential premises where the Applicant is residing with his family, therefore, Applicant is hereby directed to deposit Rs. 40 Lakhs immediately. Incase Applicant deposit the said amount the Respondent to hold their hands till next date.

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The Officer of the Bank clarify that as per existing rules the amount deposited by the Applicant shall be adjusted for the principal dues only. He also contends that the dues are more than Rs. 1 Crore 70 Lakh.

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Ld. Counsel for the Applicant disputed that dues of the Bank. Both parties are

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hereby directed to produce their statement of account by next date. 7. With the above said directed the present IA is hereby disposed off. P.O. DRT-I

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SP/-50

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Basic Style Pvt. Ltd. v. Bank of Maharashtra

Case brief

What is this about?

What did the court decide?

Basic Style Pvt. Ltd. v. Bank of Maharashtra

Case brief

What is this about?

What did the court decide?

What the court decided

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