Kokan Mercantile Co-Op.Bank Ltd. v. M/S. Supreme Enterprises(Borrower) And 3 ORS.

908-EXA918-14.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 913 OF 2014 IN ARBITRATION PROC NO. RCS/201/2013 WITH SHERIFF'S REPORT NO. 69 OF 2013 Konkan Mercantile Coop Bank Ltd

...Petitioner

Versus

Supreme Enterprises (Borrower) & Ors

...Respondents

WITH CHAMBER SUMMONS NO. 831 OF 2015 AND NOTICE OF MOTION (L) NO. 79 OF 2017 AND CHAMBER SUMMONS (L) NO. 632 OF 2017 IN EXECUTION APPLICATION NO. 913 OF 2014 IN ARBITRATION PROC NO. RCS/201/2013 Ms Atiya M Shaikh, for the Petitioner.

Mr SD Chitgopekar, Dy. Sheriff, is present.

Mr Ismail Kasu, Legal Manager of the Petitioner Bank is present. 4th May 2017

908-EXA918-14.DOC CORAM: G.S. PATEL, J DATED:

4th May 2017 PC:- 1.

The 2nd Respondent has, finally, kept her word and paid the entire amount due to the bank. This is confirmed by the bank. The flat in question, Flat No. 6, First Floor, "G" Wing, Zohra Aghadi Nagar (F&G) Coop Hsg Soc Ltd., Yari Road, Versova, Andheri (W), Mumbai 400 061 is released from attachment. 2.

The bank confirms that it has no surviving claim against the Respondents. The decree which has obtained in arbitration will be marked fully satisfied under Order XXI Rule 2 of the Code of Civil Procedure 1908 within a period of four weeks from today. 3.

The Sheriff's poundage and fees will be paid by the Petitioners within four weeks from today.

4.

The Execution Application is disposed of in these terms with no order as to costs.

5.

All interim applications are infructuous and are disposed of as such.

(G. S. PATEL, J.) 4th May 2017