Kotak Mahindra Bank Limited v. Zapadiya Dhirabhai Harjibhai S/O Harjibhai

bipin prithiani 21-ia-465.25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION (L) NO. 465 OF 2025 IN EXECUTION APPLICATION (L) NO. 38972 OF 2024 Kotak Mahindra Bank Limited ...

Applicant (Orig. Plaintiffs)

Versus

Zapadiya Dhirabhai Harjibhai s/o Harjibhai & Anr.

...

Defendants ****** Ms. Reet Jain i/by S. I. Joshi & Co. for the Applicant. ****** CORAM: MANISH PITALE, J.

DATE : 12th FEBRUARY 2025 P.C. :

.

At the outset, the learned counsel for the applicant submits that inadvertently, the applicant has been shown as original plaintiff and the respondents as defendants. Since, the execution application arises out of an arbitral award, the nomenclature shall be corrected to applicant (original claimant) and respondents, respectively. The amendment be carried out within one week from BIPIN DHARMENDER PRITHIANI Date: 2025.02.13 10:28:44 +0530 BIPIN DHARMENDER PRITHIANI today. Re-verification is dispensed with.

2.

In this application, affidavit of service dated 16th January 2025 is placed on record, which shows that the respondents have been duly served and there is no appearance on behalf of the respondents.

bipin prithiani 21-ia-465.25.doc 3.

In that light, the respondents are directed to give disclosures on affidavit in terms of prayer clauses (b) and (g) of the interim application. The disclosure affidavits on behalf of the respondents be filed within four weeks from today.

4.

The applicant is at liberty to serve this order on the respondents.

5.

List the application for further consideration on 18th March 2025.

MANISH PITALE, J.