The Cosmos Co-Operative Bank Ltd. v. Mitsu Book Private Ltd. And 3 ORS

905_IA_108_23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 108 OF 2023 IN COMMERCIAL EXECUTION APPLICATION NO. 119 OF 2020 The Cosmos Co-operative Bank Limited ...

Applicant/Claimant vs.

Mitsu Book Private Limited and others ...

Respondents Mr. Jayant Gaikwad and Ms. Pushpa Prajapati for applicant/claimant. Ms. Miloni Gala, i/b. Vimla & Co. for respondent No.4. CORAM : MANISH PITALE, J DATE : 06th JULY, 2023 P.C. :

.

By this application, the applicant (original disputant) is seeking extension of returnable date of warrant of sale of immovable properties. 2.

It is brought to the notice of this Court that the warrant was returnable on 01.12.2022 and that there is a delay of 18 days in moving the present application. This Court has perused the contents of the application and a case is indeed made out for condoning delay and granting extension of returnable date.

3.

In view of the above, the application is allowed in terms of prayer clauses a and b, which read as follows:

"a.

this Hon'ble Court may be pleased to condone the delay of 18 days in filing the Interim Application;

b.

That this Hon'ble Court be pleased to extend the returnable date of Warrant of Sale of Immovable Properties under Order XXI Rule 64 of Civil Procedure Code 1908 from 1st day of December 2022 to 1st day of December 2023;" 4.

Consequently, the returnable date of warrant of sale of immovable properties is extended to 01.12.2023.

(MANISH PITALE, J) Digitally signed by PRIYA KAMBLI Date:

2023.07.07 16:01:40 +0530 1/1 Priya Kambli PRIYA KAMBLI