The Cosmos Cooperative Bank Ltd Dadar Branch v. M/S Pratibha Shipping Co Ltd And 2 Other

1 903-chs 1036-19 in exa 1325-14 psv

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1036 OF 2019 IN EXECUTION APPLICATION NO.1325 OF 2014 The Cosmos Co-op. Bank Ltd.

....Applicant In the matter between The Cosmos Co-op. Bank Ltd.

....Claimant V/s.

Pratibha Shipping Co. Ltd. & Ors.

....Respondents ----- Mr.Vijay Chavan for Applicant.

Ms.Vishakha Pandit for Respondents.

----- CORAM : G.S. KULKARNI, J.

DATE : 5th FEBRUARY, 2020 P.C.:

Heard learned Counsel for the applicant and learned Counsel for the Digitally signed by Prajakta S.

Vartak Date:

2020.02.07 18:35:59 +0530 Prajakta S.

Vartak respondents.

2.

This chamber summons has been filed praying for the following reliefs:- "(a) this Hon'

ble Court may be pleased to give direction to the Respondent Nos.2 and 3 to give inspection of the premises situated at 501, Laxmi Gopal Building, Hatiskar Marg, Prabhadevi, Mumbai 400 025 to the proposed Auction purchasers.

(b) this Hon'

ble court be pleased to fix date and time for purpose of seeking inspection of the said premises in the interest of justice, equity and good conscience." 3.

After this chamber summons was heard for some time, learned Counsel for the respondents fairly states that her clients are willing to give inspection of the premises in question to the applicant. Accordingly the chamber summons is allowed. Inspection of the premises be taken by the

2 903-chs 1036-19 in exa 1325-14 applicant on 10 February 2020 between 11.00 a.m. to 12.00 noon. The respondents shall co-operate with the applicant and no excuse in regard to not furnishing of inspection would now be accepted. 4.

Chamber summons is disposed of in the above terms. No costs. 5.

Parties to act on an authenticated copy of this order. 6.

It is clarified that if there is any resistance by the applicant in furnishing inspection, the Court would take serious view of the matter, including appointing Court Receiver to undertake further necessary actions.

[G.S. KULKARNI, J.]