Bombay High Court
State Bank Of India vs Anil Gurubaxlal Kathuria And 2 Ors on 23 June, 2021
Author: A. K. Menon
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 11026 OF 2021
IN
SUIT (L) NO.11025 OF 2021
State Bank of India ... Applicant/Plaintiff
vs.
Anil Gurubaxlal Kathuria and Ors. ... Respondents/Defendants
Ms. Pooja Patil i/b. Mr. Vivek Sawant and Ms. Durga Soni for the Applicant.
Mr. R. R. Sharma for Defendant no. 3.
CORAM : A. K. MENON, J.
DATED : 23rd JUNE, 2021.
[THROUGH VIDEO CONFERENCE] P.C. :
1. This is a suit filed by the bank seeking a declaration that Gift Deed dated 15th July, 2015 executed by the defendant nos. 1 and 2 in favour of defendant no. 3 is a fraudulent transfer. The plaintiff bank seeks an injunction restraining the defendant from disposing or otherwise alienating the suit flats in question in terms of prayer clause (a) of the Interim Application.
2. Mr. Sharma undertakes to file vakalatnama and affidavit in reply to the Interim Application on behalf of the defendant no. 3 within two weeks from 1/3 31-IAL-11026-2021-SL-11025-2021.odt rrpillai ::: Uploaded on - 24/06/2021 ::: Downloaded on - 25/06/2021 02:16:35 ::: today. In the meantime Mr. Sharma makes a statement that defendant no. 3 will not part with possession. In view of the same I pass the following order :
(i) In view of the statement made by Mr. Sharma, learned Advocate for defendant no. 3, defendant nos. 1 to 3 are restrained from disposing the suit flat nos. 1705 and 1706, 17 th floor, Beverly Hills Royal Empire Co-operative Housing Society Ltd, T-37, Near Lokhandwala Circule, Opp. Shastri Nagar, Azad Nagar, Andheri (West), Mumbai-400 053. in terms of prayer clause (a).
(ii) Affidavit in reply to be filed within two weeks from today. The replies shall set out particulars and the charge created in favour of IDBI Bank as mentioned in the Gift deed. Affidavit shall also disclose balance payable in the loan account and also set out particulars of the loan taken and parties who are borrowers in the record on IDBI Bank.
(iii) In view of the order passed today defendant nos. 1 and 2 shall also file affidavit disclosing of all the above points mentioned in clause (ii)
(iv) The Co-operative Housing Society shall be informed of this order by the plaintiffs Advocate. Copy of this order shall be served upon the Chairman and Secretary of the Society and they shall accordingly bring this to the notice of the Managing Committee and ensure that no further transfer or alienation is permitted including by way of grant of leave and licence in favour of any third party.
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(v) Rejoinder to be filed within four weeks thereafter.
(vi) Mr. Sharma waives service of the writ of summons on behalf of defendant no.3.
(vi) List the interim application in the normal course.
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