The Kapol Co-Operative Bank Ltd. v. Mr. Nandkumar Shantaram Koli And 2 ORS

25-IA-3787-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3787 OF 2025 Digitally signed by ARJUN VITTHAL KUDHEKAR Date:

2025.12.19 12:24:21 +0530 IN EXECUTION APPLICATION NO.886 OF 2013 ARJUN VITTHAL KUDHEKAR The Kapol Co-Operative Bank Ltd.

...Applicant

IN THE MATTER BETWEEN:

The Kapol Co-Operative Bank Ltd.

...Claimant

Versus

Nandkumar Shantaram Koli & Ors.

...Respondents

Ms. Aneeta Vasani, for the Applicant.

CORAM:

MADHAV J. JAMDAR, J.

DATED:

17 DECEMBER 2025 PC:- 1.

At the outset, Ms. Aneeta Vasani, learned Counsel appearing for the Applicant, submits that as the Liquidator has been appointed, leave be granted to make necessary change in the cause-title of the Interim Application as also in the Execution Application. 2.

Accordingly, leave as sought is granted. Amendment be carried out forthwith. Reverification is dispensed with. Arjun

25-IA-3787-2025.DOC 3.

The Interim Application is taken out for setting aside the conditional Order dated 5th December 2019 passed by a learned Single Judge dismissing the Execution Application, if the appropriate steps are not taken within a period of 2 weeks. There is delay in filing the Application.

4.

Ms. Aneeta Vasani, learned Counsel for the Applicant submits that the Respondents have been served. However, none appears for the Respondents. Even the reply has not been filed to the Interim Application.

5.

Accordingly, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c). Resultantly, the Execution Application No.886 of 2013 is restored to the file of this Court.

6.

The Interim Application is disposed of in above terms with no order as to costs.

[MADHAV J. JAMDAR, J.] Arjun