Sahjun Impex Trading Pvt. Ltd. v. Asset Reconstruction Co. (India) Ltd.

P.H. Jayani 14 NMS2476.12.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2476 OF 2012 IN SUIT NO. 1275 OF 2012 Sahjun Impex Trading Pvt. Ltd.

....Applicant In the matter between :- Sahjun Impex Trading Pvt. Ltd.

....Plaintiff V/s.

Asset Reconstruction Co.(India) Ltd.

....Defendant Mr. Bhupesh Dhumatkar a/w. Mohini D. Thorat I/b. Anil D'Souza for the plaintiff.

Mr. Faisal Sayyed I/b. M/s. Manilal Kher Ambalal and Co. for the defendant.

CORAM: SMT. ANUJA PRABHUDESSAI, J.

DATED : 25th MARCH, 2019.

P.C.:

.

In compliance with the order dated 29/10/2018, the defendant has filed the affidavit putting on record status of the suit property. In paragraph 6 of the affidavit, the defendant has said that five flats of the Mulund have been sold and that the proceeds therefrom are lying in the fixed deposit.

2.

In the light of the said statement, the learned counsel for the defendant states that nothing survives in the Notice of Motion. 3.

The Notice of Motion is therefore dismissed as not pressed. 4.

Suit is adjourned to 22/04/2019. Parties to file draft issues. (SMT. ANUJA PRABHUDESSAI, J.) 1/1