Tata Capital Limited Formerly Known As Tata Capital Financial Services Ltd. v. Krystal Transport Service Prop Varsha Borade And ANR. (Borrower)

31-IA-3255-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3255 OF 2024 IN EXECUTION APPLICATION NO. 404 OF 2025 Tata Capital Limited ...Applicant V/s.

Krystal Transport Service and Another

...Respondents

Ms. Bijal Gogri i/b O M Gujar Law Chambers, Advocate for the Applicant.

Mr. Shashank S. Mishra for the Respondents.

Mr. Sunder Murlidhar Borade-Respondent No. 2 present.

CORAM

:

ABHAY AHUJA, J.

DATE :

27th JANUARY, 2026 P.C. :

1.

Pursuant to earlier orders of this Court whereby the bailable warrant of arrest was issued against the Respondent No.2 and although the service report says that no report has been received with respect to the execution of the said warrant, today when the matter is called out, Mr. Mishra, learned Counsel appears for the Respondents and submits that the Respondent No. 2 is present in the Court. That some time be granted to file vakalatnama in the matter and also to take instructions. 2.

Upon a query from the Court as to the profession of the Respondent No. 2, as the Respondent No. 1 is a sole proprietory concern run by a lady, this Court is informed that the Respondent No. 2 is a police constable in Mumbai Police. Mr. Mishra also submits that this Nikita Gadgil 1/2

31-IA-3255-2024.doc was a vehicle loan given by the Applicant to the Respondent No.1 where the Respondent No. 2 is a co-borrower and that due to default in repayment of loan, the vehicle has been seized. 3.

Ms. Gogri, learned Counsel appears for the Applicant and submits that total amount of loan of over Rs. 17 lacs is outstanding and as regards the seizure of the vehicle she needs some time to take instructions.

4.

Since time is being sought to take instructions, list on 10th March, 2026.

5.

Further, since the Respondent No.2 has finally appeared before this Court after a series of orders passed by this Court in response to the bailable warrant issued by this Court, the Respondent No. 2 is directed to remain present in the Court on every date the matter is listed and within a period of two weeks the Respondents are directed to approach the Applicant for repayment of the outstanding dues. 6.

Let vakalatnama also be filed by the learned Advocate appearing for the Respondents in the matter along with disclosure affidavit by the next date.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2026.01.28 19:58:28 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2