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Bombay High CourtIA/6797/2025disposed off

Sandeep Shinde And Jyoti Sandeep Shinde v. Cfm Asset Reconstruction Pvt.Ltd.

2026-01-07Hon'Ble Shri Justice Madhav J. Jamdar2 pages

16 IA 6797.25 IN CHS 1162.17.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.6797 OF 2025 IN CHAMBER SUMMONS NO.1162 OF 2017 IN EXECUTION APPLICATION (L) NO. 2320 OF 2017 Sandeep Uttam Shinde & Anr.

...Applicants/ Ori.

Respondents In the matter between :

L & T Finance Ltd. Now known as CFM Asset Reconstruction Pvt. Ltd.

...Original Applicants

Versus

Sandeep Uttam Shinde & Anr.

...Ori Respondents Ms. Varsha Kule i/by SMA Law Partners, for Applicants.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

7th January 2026 P.C.:

1.

The following relief is sought in the Interim Application : "(a) This Hon'ble Court be pleased to direct that the amount paid by the Applicants towards cancellation of Bailable and Non Bailable warrant be refunded/ returned to the Applicant."

2.

Ms. Varsha Kule, learned Counsel for the Applicants i.e. original Respondents-Judgment Debtors states that the Execution Application has already been disposed of by Order dated 3rd Dusane

16 IA 6797.25 IN CHS 1162.17.DOC February 2020 as the decretal amount as per Consent Terms has been paid as full and final settlement amount. She submits that the amount of Rs.50,000/- and Rs.30,000/- has been deposited in this Court towards cancellation of bailable and non-bailable warrant and said amount be refunded to the Applicants. 3.

She submits that the Execution Applicant i.e. Decree-HolderL & T Finance Limited has been served, however, none appears for the Decree-holder and even no reply has been filed to the Interim Application.

4.

Thus, the contentions raised in the Interim Application remains uncontroverted.

5.

Accordingly there is no impediment in granting the Interim Application in terms of prayer clause (a). The amounts deposited by the Applicant- Sandeep Shinde and Mrs. Jyoti Shinde in this Court with accrued interest, if any, be refunded to the Applicants. 6.

Accordingly, Registry to take appropriate steps. 7.

Interim Application No. 6797 of 2025 is disposed of in above terms with no order as to costs.

BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2026.01.07 19:11:05 +0530 Dusane