Abhyudaya Co-Op. Bank Ltd v. Biswanath Krishnachander Behera And Others And Model Co-Op Bank Ltd. (Applicant/Intervener)

33-NMS1318-17.DOC Atul

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1318 OF 2017 IN EXECUTION APPLICATION NO. 159 OF 2014 Abhyudaya Cooperative Bank Ltd

...Petitioner

Versus

Biswanath K Behera & Ors

...Respondents

And Model Cooperative Bank Ltd ...Applicant Mr Chacho Joseph, with Sneha Sonawane, for the Applicant.

Mr Madhur Nair, i/b Nilesh Thakur, for the Defendants.

CORAM: G.S. PATEL, J DATED:

1st October 2018 PC:- 1.

The Applicant, Model Cooperative Bank Ltd., has a simple mortgage over Flat No. 601, Building No. 3A, Powai Lake Cooperative Housing Society Limited, MHADA HIG complex, A.S. Marg, Mumbai 400 076. The Decree/Award Holder is the Abhyudaya Cooperative Bank Limited. It is an unsecured creditor. Clearly, it cannot proceed against the flat so long as the security over it in favour of Model Cooperative Bank Limited is subsisting. 2.

The attachment will have to be raised.

1st October 2018

33-NMS1318-17.DOC 3.

The Notice of Motion is made absolute in terms of prayer clause (a). No costs.

4.

The Decree Holder may proceed in accordance with law for recovery of its decretal claim against other properties of the Judgment Debtors.

(G. S. PATEL, J) 1st October 2018