Kotak Mahindra Bank Ltd v. Sanjay S Singh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2849 OF 2025 IN EXECUTION APPLICATION (L) NO. 2615 OF 2018 KOTAK MAHINDRA BANK LIMITED )...APPLICANT V/s.

SANJAY S. SINGH )...RESPONDENT WITH CHAMBER SUMMONS NO. 1213 OF 2018 IN EXECUTION APPLICATION (L) NO. 2615 OF 2018 Ms.Bijal Gogri i/by O M Gujar Law Chambers, Advocate for the Applicant.

Mr.D.R.Singh i/by R.B.Singh and Associates, Advocate for the Respondent no.1.

Mr.Vishal Talsania i/by Mr.Kunal Chedda, Advocate for the Respondent no.2.

CORAM

:

ABHAY AHUJA, J.

DATE :

1st JULY 2025 P.C. :

1.

This matter was kept back in the morning session as Ms.Bijal Digitally signed by ARTI VILAS KHATATE Date:

2025.07.01 19:32:20 +0530 Gogri, learned Counsel appearing for the Applicant had sought time to ARTI VILAS KHATATE take instructions on the amount, at which the outstanding to be paid by the Applicant, could be settled.

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2.

When the matter is called out in the afternoon session, Ms.Gogri appearing for the Applicant submits that although the outstanding amount is approximately Rs.15,00,000/-, however, the Applicant is willing to settle the entire amount for Rs.13,50,000/-, with Rs.5,00,000/- to be paid upfront through demand draft and the balance in accordance with Section 60(1)(i) of the Code of Civil Procedure, 1908 ("CPC"), this Court direct the Respondent no.2, employer of the Respondent no.1, to directly deposit 1/3 rd of the salary amount received by the Applicant from the Respondent no.2 employer with the Applicant bank.

3.

Mr.Vishal Talsania, learned Counsel appears for the Respondent no.2 employer and submits that the Respondent no.1 is working as a Regional Business Manager with the Respondent no.2 at Ahmedabad and draws net salary of Rs.1,51,061/- per month. 4.

Mr.D.R.Singh, learned Counsel for the Respondent no.1, seeks some indulgence in the matter.

5.

Having heard the learned Counsel and having considered the submissions, the following order is passed :

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ORDER

(i) Let Rs.5,00,000/- be paid by the Respondent no.1 upfront to the Applicant bank within a period of two weeks by way of demand draft.

(ii) The balance amount of Rs.8,50,000/- to be paid by the Respondent no.2 by depositing from the salary of the Respondent no.1 Rs.50,000/-, on the 5th of every month, commencing from 5th August 2025 onwards into the account of the Applicant bank, till the entire amount of Rs.8,50,000/- is paid. (iii) The Applicant bank to furnish the remittance details to the Respondent no.2 during the course of the week. (iv) The Execution Application as well as the connected Interim Application and Chamber Summons to accordingly stand disposed.

(v) Liberty to apply in case of difficulty.

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