Bombay High Court
Kotak Mahindra Bank Ltd vs Opal Asia India Pvt. Ltd. And Anr on 28 August, 2019
Author: R.I. Chagla
Bench: R.I. Chagla
904.CHSL.1095.19 in EXAL.1432.19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS (L) NO. 1095 OF 2019
IN
EXECUTION APPLICATION (L) NO. 1432 OF 2019
M/s. Kotak Mahindra Bank Ltd. ... Applicant/(Orig. Claimant)
Versus
Opal Asia India Pvt. Ltd. & Anr. ... Respondents
Ms. Vaishali D. Padale for the Applicant.
CORAM : R.I. CHAGLA, J.
DATED : 28th AUGUST, 2019.
P.C. :
1 This Chamber Summons has been taken out in execution of award dated 29.03.2019 by which the Applicant/Original Claimant was awarded an amount of Rs.17,12,993.66 together with interest as well as further interest @ 12% p.a. from the date of the award till the same is realized in full. The learned Counsel for the Plaintiff tenders an affidavit of service dated 27.08.2019 evidencing service of the Advocate's notice and Chamber Summons on the Respondents. At this stage, the learned Counsel for the Applicant applies for an injunction restraining the Respondents from dealing with the Consumer Finance Account No.12670009 with Kotak Waghmare 1/2 ::: Uploaded on - 30/08/2019 ::: Downloaded on - 30/08/2019 21:16:21 :::
904.CHSL.1095.19 in EXAL.1432.19.doc Mahindra Prime Ltd. at Kalina Branch, 2nd Floor, Vinay Bhavya Complex, 159-A, CST Road, Kalina, Santacruz (E), Mumbai 400098 standing in the name of Respondent No.1 to the extent of the claim amount of Rs.17,12,993.66 awarded to the Applicant.
2 Considering that this Chamber Summons has been served on the Respondents by Advocate's notice dated 23.08.2019 and none appears for the Respondents, it would be appropriate till the next date to grant ad-interim relief in terms of prayer clause (c) of the Chamber Summons. It is made clear that the injunction restraining the Respondents from dealing with the said Consumer Finance Account No.12670009 with Kotak Mahindra Prime Ltd. at the above-mentioned Branch shall be restricted to the amount of Rs.17,12,993.66.
3 The Office is directed to serve upon the Respondents notice of this order. In addition, the Applicant shall serve private notice of this order upon the Respondents.
4 Chamber Summons is, accordingly stood over to 09.09.2019.
(R.I. CHAGLA, J.) Waghmare 2/2 ::: Uploaded on - 30/08/2019 ::: Downloaded on - 30/08/2019 21:16:21 :::