Kotak Mahindra Bank Limited v. Ferriswheel Entertainment Private Ltd.

11.IA.2207.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2207 OF 2024 IN EXECUTION APPLICATION (LODGING) NO. 16430 OF 2024 WITH EXECUTION APPLICATION (LODGING) NO. 16430 OF 2024 Kotak Mahindra Bank Limited ...Applicant

Versus

Ferriswheel Entertainment Private Limited & Ors.

...Respondents

***  Ms. Nehal Deshmukh a/w Ms. Reet Jain i/b S.I. Joshi & Co., for the Applicant.

Digitally signed by SHRIKANT SHRINIVAS MALANI Date:

2025.05.06 10:39:43 +0530 SHRIKANT SHRINIVAS MALANI *** CORAM : MANISH PITALE, J.

DATE : 05th MAY 2025.

P. C. :

1.

The learned counsel for the applicant submits that when an effort was made to serve the respondents, while respondent Nos.3 and 4 could be served, the respondent Nos.1 and 2 could not be served and that further efforts could be made to serve respondent Nos.1 and 2. 2.

All the respondents in these proceedings are borrowers. In that light, the learned counsel for the applicant is pressing for ad-interim reliefs so that disclosures are placed on record at least by respondent Nos.3 and 4, who are co-borrowers.

3.

In view of above, while time can be granted to the applicant to Shrikant Malani

11.IA.2207.2024.doc make further efforts to serve the respondent Nos.1 and 2, upon perusal of the application, this Court is inclined to grant ad-interim reliefs in favour of the applicant as against respondent Nos.3 and 4.

4.

Accordingly, there shall be ad-interim reliefs in terms of prayer clauses (b) and (g). Respondent Nos.3 and 4 are directed to file their affidavit of disclosures within six weeks from today.

5.

The applicant shall make further efforts to serve respondent Nos.1 and 2 before the next date of listing.

6.

List on 01st July 2025.

(MANISH PITALE, J.) Shrikant Malani