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Bombay High CourtNMS/1169/2012disposed off

I C I C I Bank Ltd. v. Mafatlal Engg. Industries Ltd And ORS (In Liqn) And ORS.

2015-12-04Hon'Ble Shri Justice S.J. Kathawalla2 pages

Nitin 1 / 2 909-NMSL-3249-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 3249 OF 2015 IN SUIT NO. 3156 OF 1999 Janardhan Atmaram Patil ...

Applicant / Auction Purchaser

IN THE MATTER BETWEEN :

ICICI Bank Limited ...

Plaintiff

Versus

Mafatlal Engineering Industries Limited (in liquidation) and ors.

...

Defendants Mr. Arun Siwach i/b. Cyril Amarchand Mangaldas for the Plaintiff. Mr. Ashish Kamat i/b. Vidhi Partner for the Applicant in the above Notice of Motion.

Mr. Ramakrishna for Workers.

Mr. N. Rajani i/b. V. Deshpande & Company for Defendant No. 8(a). Mr. Abbas Mandviwala i/b. Rawal Shah and Company for Auction Purchaser. Mr. S. Deshpande, Court Receiver, present.

CORAM : S.J. KATHAWALLA, J.

DATED : 4 TH DECEMBER, 2015 P.C.

Perused the Affidavit filed by Mr. Hitendra K. Mehta, Architects and Valuers. In view thereof, the Applicant is allowed to take the scrap lying at the Suit site. The scrap shall be removed by the Applicant within a period of four weeks from today. The removal of the scrap shall be under the supervision of the representative of the Official Liquidator.

Nitin 2 / 2 909-NMSL-3249-2015 The Applicant states that he has no objection if the amount of Rs.10 Lacs deposited with the Prothonotary and Senior Master of this Court is not returned to him but is handed over to the Official Liquidator and credited to the Liquidator's account. The statement is accepted. The above Notice of Motion as well as Notice of Motion No. 1169 of 2012 are accordingly disposed of.

( S.J.KATHAWALLA, J. )