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Bombay High CourtCA/246/2016disposed off

The Greater Bombay Co-Operative Bank Ltd. v. M/S Manthan Builders And Developers Pvt. Ltd. And 2 Others

2016-03-30Hon'Ble Shri Justice B.P. Colabawalla2 pages

6.cal.163.2016.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMPANY APPLICATION (L) NO. 163 OF 2016 IN COMPANY PETITION NO. 420 OF 2014 The Greater Bombay Co-operative Bank Ltd.

...Applicant/Petitioner vs M/s Manthan Builders & Developers Pvt. Ltd.

...Respondent

.....

Mr Rushabh Shah a/w Mr H. Singh i/b Raval Shah & Co.for the Petitioner. Ms Pratibha R. Assistant OL present.

.....

CORAM : B. P. COLABAWALLA J.

MARCH 30, 2016 P.C. :

Not on board. Mentioned. Taken on board by consent of parties.

Learned advocate appearing on behalf of the Petitioner bank seeks leave to withdraw this Company Application with liberty to move the appropriate authorities under the Maharashtra Co-operative Societies Act, 1960 to seek attachment and further orders in relation to the office premises bearing Office No.503 to 511 on the 5th Floor in the building known as Manthan Plaza, CTS No.962/D at Nehru Road, Vakola, Santacruz (E), Mumbai 400 005.

In view of the aforesaid statement, leave is granted. The Company Application is dismissed as withdrawn with liberty as prayed. Pg 1 of 2

6.cal.163.2016.doc There shall be no order as to costs.

It is clarified that I have not opined anything on the merits of the Company Application and if any such application for attachment or further orders is preferred by Petitioner - Bank, the concerned authorities under the Maharashtra Co-operative Societies Act, 1960, shall decide the same in accordance with law and after hearing the respective parties. ( B. P. COLABAWALLA J. ) Pg 2 of 2