Bombay High CourtCHOL/204/2025disposed off

Au Small Finance Bank Ltd. v. Ganesh G Mandan S/O. Govardhan

2025-08-12E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 12th August, 2025 CALLED FOR DIRECTION:

1.CHOL/204/2025 In EXA/964/2022 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Devendra Vitthal Nawadkar, Advocate for the Advocate for the Applicant.

P. C. :

1. By this Chamber Order, the Applicant seeks amendment by adding the legal heirs of Respondent viz. Ganesh D. Mandan (Since deceased) as per the Schedule annexed to the Chamber Order.

2. Heard. The Ld. Advocate for the Applicant submits that the Ganesh D. Mandan, Respondent has expired on 25th July, 2022 and the Bailiff of Sheriff of Bombay had visited at the Address of the Respondent on 30th August, 2022. He further submits that at the time of visiting the residential premises for the purpose of executing the warrant of attachment, under order XXI, Rule-43 of the CPC, it was informed the Bailiff by Mrs. Dapu G. Mandan, wife of the deceased that Ganesh G. Mandan had expired on 25th July, 2022 and the Report of the Bailiff is at Exhibit "C" to the Affidavit in Support. He further submits that the Chamber order has been taken out immediately to bring the legal heirs of the deceased Respondent. He therefore prays that the Chamber Order be allowed and the Applicant be permitted to amend the Execution Application as per the Schedule annexed to the Chamber Order.

3. Perused the Affidavit in Support dated 21st January, 2023 and the Bailiff Report at Exhibit "C" thereto. The Ld. Advocate for the Applicant tenders the Affidavit of Service ..2/-

) ) ) ) ) ) ) ) ) ) : 2 :

the Chamber Order dated 12th January, 2025. The same is taken on record.

4. Considering the reasons mentioned in the Affidavit in Support to the Chamber Order and the same is signed separtely. The Applicant is directed to carry out the amendment as per the Schedule annexed to the Chamber Order. Amendment to be carried out within two weeks from the date of uploading this order.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 12.08.2025