A R Builders v. Vipul Chandrakant Rajgor And ORS

914-WP-4123-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4123 OF 2025 M/s. A. R. Builders

...Petitioner

Versus

Vipul Chandrakant Rajgor & Ors.

...Respondents

Digitally signed by SONALI MILIND PATIL Date:

2025.04.03 14:21:58 +0530 SONALI MILIND PATIL Mr. Kunal Bhanage a/w. Mr. Akshay Pawar, Mr. Vasim Siddiqui and Ms. Priyanka Acharrya, for the Petitioner.

Mr. Bhavik Lalal i/b. Mr. Rajesh Chheda, for the Respondent No.3. Ms. Nukshinaro i/b. M. V. Kini & Co., for the Respondent No.5-SBI.

CORAM:

MADHAV J. JAMDAR, J.

DATED :

3rd APRIL 2025 P. C.:

1.

Learned Counsel appearing for the Respondent No.5-State Bank of India seeks time. However, as the Warrant of Attachment dated 19th March 2025 has been issued by the Assistant Assessor and Collector (AAC), B-Ward, Mumbai, time of two weeks is granted as a last chance.

2.

In the meanwhile, learned Counsel appearing for the Respondent No.5 to take instructions whether without prejudice to the rights and contentions of the Respondent No.5, the amount which is the share of the Respondent No.5-State Bank of India as Sonali

914-WP-4123-2025.DOC can be seen from the chart annexed from pages 119 to 121 showing liability of the bank and also in view of terms and conditions of Indenture of Sub-Lease dated 1st February 1992 can be deposited.

3.

The Petitioner also to take instructions about deposit of part of the amount without prejudice to the rights and contentions of the Petitioner.

4.

Stand over to 21st April 2025. To be listed fairly high on board.

5.

Although the trial in T.E. & R. Suit No.117/123 of 2002 can proceed, however, hearing of Application bearing Exhibit-171 in the said suit is stayed till the next date.

[MADHAV J. JAMDAR, J.] Sonali