Mohinuddin Maqdum Sayyad v. Sumaraj Sea Foods Pvt. Ltd. And 2 ORS (Def) And Axis Bank Ltd (Objectionist)

1 902-chscd 928-19 in comex 108-17 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.928 OF 2019 IN COMMERCIAL EXECUTION APPLICATION NO.108 OF 2017 IN COMMERCIAL SUMMARY SUIT NO.144 OF 2016 Mohinuddin Maqdum Sayyad ....Applicant In the matter between Mohinuddin Maqdum Sayyad ....Plaintiff V/s.

Sumaraj Sea Foods Pvt. Ltd. & Ors.

....Defendants Axis Bank Ltd.

....Objectionist ----- Mr.Nand Lal Agrawal for Applicant.

Mr.Chetan Agrawal with Ms.Jyoti Agrawal and Mr.Chinmay Deshmukh for Objectionist.

Mr.Manoj Rane h/f. Mr.Chandra Naik for Defendant Nos.3 & 4A. Mr.S.T. Kapse, Commissioner for Taking Accounts. ----- CORAM :

G.S. KULKARNI, J.

DATE :

4th MARCH, 2020 P.C.:

After having heard learned Counsel for the parties on this chamber summons, it is appropriate that the order dated 25 February 2019 passed by Commissioner for Taking Accounts is set aside. Both the parties would not have any objection for this course of action. Learned Commissioner for Taking Accounts shall re-hear the parties on the issue in regard to the applicability and the consequences which flow from the notification dated 1 October 2013 issued by Revenue and Forest Department, Government of Maharashtra, on the registration of documents falling under Section 84A of the Registration Act, 1908. All contentions of the parties be taken into consideration by the learned Commissioner for Taking Accounts and a reasoned order be passed. 2.

The parties shall appear before the learned Commissioner on 5 March 2020 at 12.30 p.m.

3.

All contentions of the parties are expressly kept open. 4.

Chamber summons is accordingly disposed of.

[G.S. KULKARNI, J.] by Prajakta S.

Vartak Date:

2020.03.04 20:49:48 +0530 Prajakta S.

Vartak