The Cosmos Co. Operative Bank Ltd. v. Chelakara Narayan Balakrishnan And 4 ORS.

10-EXA 1665.2022.doc Kavita S. J.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.1665 OF 2022 The Cosmos Co-op. Bank Ltd., ...Applicant/ Claimant / Decree Holder

Versus

Chelakara Narayanan Balakrishnan & Ors.,

...Respondents

---------- Mr. Jayant Gaikwad, Advocate for Applicant/Claimant/Decree Holder.

---------- CORAM :

R.I. CHAGLA, J.

DATE :

11TH JANUARY, 2024.

ORDER :

1.

The learned advocate appearing for the Applicant has sought leave to withdraw Execution Application No.1665 of 2022 on the ground that the Attachment Warrants have been executed against the properties which do not belong to the Respondent Nos.3 & 4. 2.

In view thereof, he has sought liberty to file fresh Execution KAVITA SUSHIL JADHAV Application, in the event, properties of the Respondents are by KAVITA SUSHIL JADHAV Date: 2024.01.11 18:34:41 +0530 identified.

1/2

10-EXA 1665.2022.doc 3.

In view thereof, Execution Application No.1665 of 2022 is disposed of as withdrawn with liberty as prayed. 4.

The Attachment Warrants executed, shall stand cancelled. 5.

The Applicant shall bear the liability for Sheriff's Poundage as provided under 474 of the Bombay High Court (Original Side) Rules considering that the property has been attached. 6.

The Applicant shall make payment of the Sheriff's Fees / Poundage within a period of three weeks from the date of this Order. [R.I. CHAGLA, J.] 2/2