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Bombay High CourtCHOL/211/2025disposed off

The Cosmos Co-Op. Bank v. M/S. Jhunjhunwala And 5 ORS.

2025-04-29E.B. Sivakumar(Addl. Registrar(Os)/Addl. Protho. And Senior Master)2 pages

msm Before : Shri E. B. Sivakumar, Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master Date : 29th April, 2025 CALLED FOR DIRECTION:

9.CHOL/211/2025 In EXA/1328/2014 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Mr. Jayant Gaikwad, Advocate for the Applicant. P. C. :

1.

The present Chamber Order is taken out by the Applicant to carry out the corrections in the Table of Warrant of attachment of immovable property issued on 19th December, 2014, as per Schedule annexed to Chamber Order.

2.

Perused Affidavit dated 7th April, 2025 annexed to the Chamber Order. The said Affidavit is signed by Authorised Signatory of the Applicant i.e. Cosmos Cooperative Bank Limited. The Ld. Advocate for the Applicant submits that as on 31st May 2010, a sum of Rs.8,66,83,796.76ps is due and payable together with interest and costs by the Respondent No.1. He further submits that it has come to the knowledge of the Applicant that the amount mentioned in Table of Warrant of Attachment and Execution Application are different. The Ld. Advocate further submits that inadvertently the amount mentioned in the Table of Warrant of Attachment of Immovable Property is Rs.1,43,41,185.70ps instead of Rs.14,34,11,815.70ps and the said mistake is unintentional. He, therefore, prayed that Chamber Order be allowed.

3.

For the reasons stated in Affidavit in Support of Chamber Order dated 7th April, 2025 annexed to the Chamber Order, the present Chamber Order is granted, and the same is signed separately.

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4.

The Learned Advocate for the Applicant is directed to carry out amendment, as per Schedule annexed to the Chamber Order, within period of two weeks from the date of uploading the order.

Addl. Registrar (O.S.) / Addl. Prothonotary and Senior Master 29.04.2025