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Bombay High Court

Satendersingh Dharamsingh Senghar And ... vs Icici Home Finance Company Ltd And Anr on 8 October, 2018

Author: Sandeep K. Shinde

Bench: K. K. Tated, Sandeep K. Shinde

                                                                                                                                3-CAW-2183-2018.odt


                                                                                                                            
                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL  APPELLATE JURISDICTION
                                              CIVIL APPLICATION NO.2183 OF 2018 
                                                                        IN
                                            WRIT PETITION NO.5710 OF 2018 

                         Satendersingh D. Senghar and Anr.                ... Applicants
                               Vs
                         ICICI Home Finance Company Ltd.
                         And Anr.                                       ... Respondents
                                                       ...

Mr. Minesh K. Shah for the Applicant. Ms. Fatima Rashid Lakdawala for the Respondent Nos. 1 and 2.

CORAM : K. K. TATED & SANDEEP K. SHINDE JJ.

DATE : 8 OCTOBER, 2018 P.C. :

Heard learned counsel for Parties.

2 By this Civil Application, the Applicants are seeking extention of time to make payment of balance amount of Rs.9,15,937/- till 30.10.2018 as per the order dated 4.7.2018 passed by this Court.

3 The learned counsel Ms. Lakdawala appearing for the Respondents submits that they have no objection for granting Digitally signed by extention of time. She further submit that by order dated 4.7.2018, Shambhavi Shambhavi Nilesh Nilesh Shivgan Shivgan Date:

2018.10.10 11:31:10 +0530 Shivgan 1/3 3-CAW-2183-2018.odt Registrar, DRT, Mumbai was directed to release the amount of Rs.5 Lakhs in favour of the ICICI Home Finance company Ltd. as early as possible but in any event before 30.9.2018. She submits that the same is not done by the DRT because of non-functioning in between. She submits that time to comply with the order dated 4.7.2018 by the Registrar, DRT be extended.

4 Hence, by consent of both the parties, following order is passed:

(A) Civil Application is allowed in terms of prayer clause (a) which reads as under:
"(a) That, this Hon'ble Court may kindly be pleased to pass orders extending time to make balance payment of Rs.9,15,937/- till 30.10.2018 as per order dated 04.07.18."

(B) Registrar, DRT shall release the amount of Rs.5 lakhs to the ICICI Home Finance Company Ltd. expeditiously on or before 30.10.2018 as per the earlier order dated 4.7.2018 passed by this Court (Coram: A.A.Sayed and V.L.Achliya, JJ.) 5 Civil Application stands disposed of accordingly. Shivgan 2/3

3-CAW-2183-2018.odt 6 Parties to act upon an authenticated copy of this order. 7 Matter to appear on board on 1.11.2018 for compliance. (SANDEEP K. SHINDE, J.) (K. K. TATED, J.) Shivgan 3/3