The Cosmos Co-Operative Bank Ltd v. Textile World And 2 ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 513 OF 2016 The Cosmos Co-operative Bank Ltd.

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Claimant vs.

Textile World and 2 Ors.

... Respondents WITH CHAMBER SUMMONS NO. 1772 OF 2016 IN EXECUTION APPLICATION NO. 513 OF 2016 Hiralal Chottalal Shah & Anr.

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Applicants In the matter between The Cosmos Co-operative Bank Ltd.

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Claimant vs.

Textile World and 2 Ors.

... Respondents Mr. Vijay Bhagoji Chavan for the Claimant.

Mr. Shashikant Gaikwad i/b. M/s. SSP Legal for the Applicants. CORAM : A. K. MENON, J.

th JULY, 2021.

DATED : 26 [THROUGH VIDEO CONFERENCE] P.C. :

1.

Mr. Chavan seeks leave to withdraw this Execution Application. But it appears that a Chamber Summons bearing no. 1772 of 2016 is also pending. The Chamber Summons is filed by two applicants. It seeks to set aside of the attachment levied on 13 th July, 2016. The Chamber Summons sets out the fact that these properties have been incorrectly attached. Mr. Chavan confirms 1/2 1-EXA-513-2016.odt rrpillai RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2021.07.27 12:25:26 +0530

that these were incorrectly attached. In view of the above, the attachment will have to be raised. I therefore pass the following order : (i) Chamber Summons is made absolute in terms of prayer clause (a), (b) and (c).

(ii) The claimant bank shall pay costs of Rs.10,000/- to each applicant. (iii) Chamber Summons is disposed in the above terms. (iv) Execution Application No. 513 of 2016 is allowed to be withdrawn. (A. K. MENON, J.) 2/2 1-EXA-513-2016.odt rrpillai