Kotak Mahindra Bank Limited v. Kishore Krishnarao Avarsekar And 30 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 676 OF 2020 IN COMMERCIAL SUIT NO. 399 OF 2019 Sapan and Deepali Gupta ...

Applicants In the matter between Kotak Mahindra Bank Limited ...

Plaintiff vs.

Mr. Kishore Krishnarao Avarsekar & Ors. ...

Defendants Mr. Rohit Gupta a/w. Ms. Jyoti Sanap i/b. Mr. V. Deshpande & Co. for the Plaintiff in COMS/399/2019.

Mr. Vishal S. Shriyan for the Applicant.

Mr. Vivek Dwivedi i/b. Naik Naik & Co. for Defendant nos. 1, 3, 4, 5 and 6.

Ms. Isha Bafna i/b. M/s. Jayakar & Partners for Defendant nos. 2, 9, 10 and 11.

Mr. Sanjiv Punalekar a/w.Mr. Suraj Iyer, Ms. Gauri Joshi i/b. M/s.Ganesh & Co. for Defendant nos. 15, 18 and 19.

CORAM : A. K. MENON, J.

th JANUARY, 2021 DATED : 6 P.C. :

1.

The applicants have filed this present interim application seeking a direction to the plaintiff that they be deleted from the array of parties 1/2 26-IA-676-2020-COMS-399-2019-SPM.doc rrpillai

in the suit since there were licencees in respect of the suit flat which is said to have been purchased by defendant no. 18. The applicants also desire to hand over the key of the flat.

2.

Mr. Punalekar who appears for the defendant no. 18 states that one set of keys are already with defendant no. 18. None of the parties have controverted this statement. Accordingly, I pass the following order:

(i) It is directed that the key be deposited by the applicants with the Prothonotary and Senior master within one week from date of uploading this order.

(ii) Upon such key being deposited and by consent of the plaintiff suit against the applicants will stand dismissed. Prothonotary and Senior Master to retain the key in safe custody.

(iii) It is made clear that this order will not prejudice the plaintiff right to seek relief in the pending interim application. (iv) Interim Application disposed in the above terms. (A. K. MENON, J.) by Rajeshwari R. Pillai Date:

2021.01.19 17:06:19 +0530 Rajeshwari R. Pillai 2/2 26-IA-676-2020-COMS-399-2019-SPM.doc rrpillai