Cfm Asset Reconstruction Private Limited Through Ms. Sapana Desai v. State Of Maharashtra And ANR

H. C. Shiv 29.app269.24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.269 OF 2024 CFM Asset Reconstruction Pvt. Ltd.

.. Appellant vs.

The State of Maharashtra & Ors.

.. Respondents Mr. Sanjiv Punalekar with Sachin Kanse for the Appellant. Mr. Vinod Chate APP for the Respondent-State. CORAM: A. S. GADKARI AND SHYAM C. CHANDAK, JJ.

DATE : 24th APRIL 2024 P. C.:- 1) Mr. Punalekar, learned Advocate for the Appellant raised the following question of law:- (a) Whether after deciding the priority claim of the Appellant, the trial Court established under the provisions of MPID Act, can fix reserve price for sale of the property in question as it becomes functus officio ?

1.1) In view thereof Admit.

2) As the impugned Order is in favour of the Appellant and the only condition which is put by the trial Court is of fixing the reserve price of property which is situated in upscale area of Mumbai and which may probably fetch more price then the reserve price, we are not inclined to grant interim relief. Hence, the interim relief is rejected. Digitally signed by HEMANT CHANDERSEN SHIV Date:

2024.05.04 10:34:20 +0530 HEMANT CHANDERSEN SHIV (SHYAM C. CHANDAK,J.) (A. S. GADKARI, J.) 1/1