M/S. Alankit Export Pvt. Ltd. v. First Winner Lifestyle Ltd. And State Bnak Of India (Applicant)

57-CHS607-16.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 607 OF 2016 IN EXECUTION APPLICATION NO. 249 OF 2013 Alankit Exports Pvt Ltd ...Applicant

Versus

First Winner Lifestyle Ltd

...Respondent

And State Bank of India ...Applicant Mr DP Guchiye, for the Judgment Creditor.

Mr Vivek Sawant, for the Applicant.

CORAM: G.S. PATEL, J DATED:

5th June 2018 PC:- 1.

The property that is sought to be attached by the Judgment Debtor, an unsecured creditor, is a flat that was demonstrably mortgaged with the State Bank of India, the Applicant. The State Bank of India has already adopted recovery proceedings against the property under the SARFAESI Act and has also filed Original Application in the Debt Recovery Tribunal. Obviously the attachment cannot continue.

5th June 2018

57-CHS607-16.DOC 2.

The Chamber Summons is made absolute in terms of prayer clauses (b) and (c).

(G. S. PATEL, J) 5th June 2018