M/S Alankit Exports Pvt. Ltd. v. M/S.Firstwinner Textiles (India) Pvt. Ltd. And State Bank Of India (Applicant)

56-CHS1497-15.DOC Shephali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1497 OF 2015 IN EXECUTION APPLICATION NO. 455 OF 2013 Alankit Exports Pvt Ltd ...Applicant

Versus

Firstwinner Textiles (India) Pvt Ltd

...Respondent

And State Bank of India ...Applicant Mr DP Guchiye, for the Judgment Creditor.

Mr Vivek Sawant, for the Applicant.

CORAM: G.S. PATEL, J DATED:

5th June 2018 PC:- 1.

The property that is sought to be attached by the Judgment Debtor, an unsecured creditor, is a flat that was demonstrably mortgaged with the State Bank of India, the Applicant. The State Bank of India has already adopted recovery proceedings against the property under the SARFAESI Act and has also filed Original Application in the Debt Recovery Tribunal. Obviously the attachment cannot continue.

5th June 2018

56-CHS1497-15.DOC 2.

The Chamber Summons is made absolute in terms of prayer clauses (b) and (c).

(G. S. PATEL, J) 5th June 2018