Woodstock Co-Operative Housing Society Ltd v. Lokhandwala Builders Limited And 2 ORS

62.CHS.743.19 in EXA.1641.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 743 OF 2019 IN EXECUTION APPLICATION NO. 1641 OF 2018 Lokhandwala Builders Private Limited ...

Applicant/ Defendant No.2 In the matter between Woodstock Co-operative Housing Society Limited... Plaintiff

Versus

Lokhandwala Builders Limited& Ors.

...

Defendants Ms. Ekta Pandav for the Applicant in Execution Application. Mr. Karl Tamboly a/w Ms. Huda Diamondwala i/b Diamondwala for the Applicant/Defendant No.2.

Mr. H.B. Takke, A.G.P. for the State.

CORAM : R.I. CHAGLA, J.

DATED : 18th OCTOBER, 2019.

P.C. :

The learned Counsel appearing for Applicant/ Defendant No.2 draws the attention of this Court to the order dated 16.09.2019. By the said order, the Plaintiff together with the Prothonotary and Senior Master were to carry out the execution and registration of the conveyance on or before 14.10.2019.

Waghmare 1/2

62.CHS.743.19 in EXA.1641.18.doc The learned Counsel for the Plaintiff had made a statement on instructions, that if the execution and registration of the conveyance is not carried out on or after 14.10.2019, the sum of Rs.25,00,000/- lying in the escrow with the Advocates M/s. Jhangiani Narula and Associates shall be released on or before 21.10.2019. The statement was accepted by the Court.

The learned Counsel for the Applicant states that the execution and registration of the conveyance has not been carried out on or before 14.10.2019 and accordingly, as per the statement which has been accepted by this Court, the sum of Rs.25,00,000/- lying in the escrow with the Advocates M/s. Jhangiani Narula and Associates, is required to be released to the Applicant on or before 21.10.2019. Considering the above statement made by the learned Counsel for the Plaintiff, the said Advocates are directed to release the sum of Rs.25,00,000/- lying in the escrow to the Applicant by 21.10.2019.

The presence of Collector of Stamps is discharged. The Chamber Summons is accordingly disposed of. (R.I. CHAGLA, J.) Waghmare 2/2