Bombay High Court
Maharashtra Ajya Sahakari Dudh ... vs M/S.Growyield Feed Pvt.Ltd(Latur) And ... on 13 March, 2019
Author: G.S. Patel
Bench: G.S. Patel
14-CHS1409-15.DOC
Atul
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 1409 OF 2015
IN
EXECUTION APPLICATION NO. 201 OF 2014
Maharashtra Rajya Sahakari Dudh Mahasangh ...Applicant
Maryadit Mumbai
Versus
Growyield Feed Pvt Ltd (Latur) & Ors ...Defendants
Ms Gitanjali Prabhu, with Ramchandra Yadav, i/b Legal Viz for the
Applicant in EXA/201/2014.
Ms Sonal, with Filji Frederick & Risha Sharma, i/b FF & Associates,
for the Applicants in CHS/688/2014, original Respondents Nos. 1
to 4.
Mr Prakash Shinde, with Niyati Merchant, i/b MDP & Partners, for the Applicant in CHS/1409/2015.
CORAM: G.S. PATEL, J
DATED: 13th March 2019
PC:-
1. It is not possible to grant any reliefs at this stage. The Applicant, Karad Janata Sahakari Bank Ltd, claims that it has security over a residential Flat No. 1, Suleman Chambers, Battery Street, Behind Regal Cinema, Colaba, Mumbai 400 039. This is said to belong personally to one Mahipatrao Ramchandra Fadtare who is a Managing Director and controls four companies against which an Page 1 of 2 13th March 2019 ::: Uploaded on - 14/03/2019 ::: Downloaded on - 15/03/2019 02:15:33 ::: 14-CHS1409-15.DOC award was passed in favour of the Maharashtra Rajya Sahakari Dudh Mahasangh Maryadit. It is in execution of that Award that this flat at Suleman Chambers is said to have been attached.
2. The Bank says it has an equitable mortgage of this flat. It relies on a document of unknown date at pages 19 and 21. This only has a printed date of 'October 2001'. There is no counter signature by any officer of the Bank that I am able to tell. There is no stamp of the Bank. This document purports to be a memorandum of deposit of title deeds by which an equitable mortgage was created. The memorandum is not registered and there will be a question of sufficiency of stamp as well. The loan sanction or confirmation letter at page 27 is equally problematic. This seems to have a printed form with some material filled in by some officer of the Bank. There is a space at the bottom requiring confirmation by the borrower. This is unsigned.
3. I am unable to grant relief at this stage. I will grant the Bank one final opportunity to bring the original documents to Court on 1st April 2019. An officer of the Bank must also remain present.
4. Previous orders to continue.
(G. S. PATEL, J) Page 2 of 2 13th March 2019 ::: Uploaded on - 14/03/2019 ::: Downloaded on - 15/03/2019 02:15:33 :::