Aditya Birla Finance Limited v. Bhagwandas Ramchandra Bhattad

11-IA-1643-2024.doc by KANCHAN PRASHANT DHURI Date:

2024.10.03 18:40:49 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

KANCHAN PRASHANT DHURI ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 1643 OF 2024 IN COMMERCIAL EXECUTION APPLICATION (L) NO. 8465 OF 2024 Aditya Birla Finance Limited ... Applicant

Versus

Bhagwandas Ramchandra Bhattad ... Respondent ------------- Mr. Vishal Maheshwari alongwith Mr. Mihir Beradia instructed by V.M. Legal, Advocate for the Applicant/Award Holder. Mr. Aditya Shiralkar instructed by Mr. P Kumar N. Jain and Ms. Manisha Chandwani, Advocate for the Respondent. -------------

CORAM

:

ABHAY AHUJA, J.

DATE :

3 OCTOBER 2024 P.C. :

1.

Mr. Shiralkar, learned Counsel, appears for the Respondent/ Judgment Debtor and seeks some time in the matter, submitting that the rejoinder has been received late last working day and some time be granted.

2.

Mr. Maheshwari, learned Counsel, appears for the Applicant and submits that although the Bank of India has been made a party Respondent in the Interim Application, none appears for the Bank of Kanchan Dhuri 1/2

11-IA-1643-2024.doc India and that this Court may issue notice to the Bank inasmuch as despite furnishing an order under Section 17 of the Arbitration and Conciliation Act, 1996, whereby the accounts of the Respondent are directed to be frozen, the Bank has refused to do so, submitting that an order of the Execution Court to be obtained.

3.

Accordingly, issue notice to the Respondent, returnable on 22nd October 2024.

4.

List on 22nd October 2024 on the Supplementary Board. (ABHAY AHUJA, J.) Kanchan Dhuri 2/2