Canbank Factors Ltd. v. Delta Fashions Ltd. And Vivek Mundada

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1118 OF 2012 IN SUIT NO.2163 OF 2011 CANBANK Factors Limited ....

Plaintiff Vs.

Delta Fashions Ltd. & Ors.

....

Defendants Ms. Jyotsna Puthra i/by Sanjeev Kanchan & Co., for the applicant/ original plaintiff.

Mr. G.M. Joshi, Advocate for defendants no.1 and 2. Coram : Smt. R.P. SondurBaldota, J.

Date : 8th September, 2015 P.C. :

This Notice of Motion is taken out by the Plaintiff in a suit for recovery of loan given by the plaintiff to defendant no.1, the repayment of which is guaranteed by defendants no.2 and 3, the directors of defendant no.1. The Notice of Motion is for appointment of the Court Receiver, High Court, Bombay as the receiver of the property owned by defendant no.3. The other reliefs sought by the Notice of Motion are of interim injunction to restrain the defendants interalia from creating any third party

2/3 rights in the flat owned by defendant no.3 described at Exh. "S" to the plaint, direction to the defendants to disclose their properties by filing an affidavit and to furnish security towards the suit claim.

Mr. Joshi, the learned advocate for defendants no.2 and 3 point out that the Notice of Motion has been pending for the last 3 years and that till date there is not even an allegation that defendant no.3 has attempted to dispose off the flat in question. He also makes a statement that defendants no.2 and 3 are in fact residing in the very flat. There is no dispute that defendant no.1- Company is wound up and Official Liquidator of it's assets has been appointed. In the circumstances, the only order that can be passed for which defendants no.2 and 3 do not object is the order in terms of prayer clause (b) of the Notice of Motion. Hence, the Notice of Motion is allowed in terms of prayer clause (b). Costs to be costs in cause. The suit is adjourned for directions.

(Smt. R.P. SondurBaldota, J.)

3/3 CERTIFICATE Certified to be true and correct copy of the original signed Order.