Kotak Mahindra Bank Limited v. Jaya Hukesh Chopra And Varun Saxena And ANR (Applicants)

958-CHS410-17.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 410 OF 2017 IN EXECUTION APPLICATION NO. 1306 OF 2015 IN KMBL/CC/ARB/LOT/72/88/2014 Kotak Mahindra Bank Limited ...Plaintiffs

Versus

Jaya Hukesh Chopra ...Defendants And Varun Saxena & Ors ...Applicants Mr Kaustubh N Marathe, for the Applicants.

CORAM: G.S. PATEL, J DATED:

28th April 2017 PC:- 1.

This Chamber Summons has been served. Affidavit of Service is taken on record. It seeks to raise a warrant of attachment of Flat No. 1012, B Wing Galiak Otwala Estate, Behind Ashish Theatre RC Marg, Mumbai 400 074. The Affidavit in Support states that the flat was purchased by the Applicant and his wife Parul in a SARFAESI action conducted by the Punjab National Bank to 28th April 2017

958-CHS410-17.DOC which the flat had been mortgaged by its original owner, one Hukesh Kumar Chopra, the Respondent's husband.

2.

The Chamber Summons will have to be allowed. It may be curious that it was none other than the Respondent's husband who mortgaged the flat to Punjab National Bank, but that does not mean that Kotak Mahindra Bank can move in execution against that flat for recovery of debt or decree from the original owner. The fact that the Applicants Varun and Parul bid for the flat at a SARFAESI auction by PNB can hardly be disputed.

3.

The Chamber summons is made absolute in terms of prayer clause (b) with no order as to costs.

(G. S. PATEL, J.) 28th April 2017