Kotak Mahindra Bank Limited v. Atmaram Travels And 2 ORS.

2025:BHC-OS:21212 Diksha Rane 33 IA 31212024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 3121/2024 IN EXECUTION APPLICATION NO. 549/2019 KOTAK MAHINDRA BANK LIMITED ..APPLICANT VS ATMARAM TRAVELS AND 2 ORS.

..RESPONDENTS ------------ Ms. Bijal Gogri i/b. M/s. Om Gujar Law Chambers for applicant. None for the respondents.

------------ CORAM :

RAJESH S. PATIL, J.

DATE :

12 NOVEMBER 2025.

P.C. :

1.

Ms. Gogri, learned counsel for the applicant submits that by an order dated 5 May 2025, passed in Interim Application No. 3121 of 2024, ad-interim directions were granted with regard to prayer clauses (b) and (d). The respondent nos. 2 and 3 were directed to file their disclosure affidavits within six weeks. She further submits that even though the said order was served on respondent nos. 2 and 3, they have not filed any affidavits of disclosure. She submits that respondent nos. 2 and 3 have refused to accept the packet containing order dated 5 May 2025. She submits that this in turn, indicates that respondent nos. 2 and 3 not wish to comply with the directions given

Diksha Rane 33 IA 31212024.doc by this Court in its order dated 5 May 2025 with regard to affidavits of disclosure to be filed. She has instructions to pray for issuance of Bailable Warrant against respondent no.2.

2.

Having heard the learned counsel and having considered the submissions, this Court deems is appropriate to issue bailable warrant against the respondent no.2 in the sum of Rs.50,000/-, returnable on 24 December 2025.

3.

The Applicant to assist the Registry and furnish details of the concerned Police station for the execution of the bailable warrant. The Senior Police Inspector of the concerned Police station to have the said bailable warrant executed and secure the presence of the respondent no.2 on the next date.

4.

Let the respondent no.2 remain present in the Court on the next date.

5.

Interim Application is allowed in terms of prayer clauses (l) and (m).

(Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 17/11/2025 19:20:06