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Bombay High Court

Borivali Keshav C.H.S. Ltd vs Virmati Villa Co-Operative Housing Soc ... on 16 March, 2023

Author: R.I. Chagla

Bench: R.I. Chagla

                                                              20-EXA-484&483-21+.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION

                    INTERIM APPLICATION (L) NO. 19299 OF 2022
                                                IN
                       EXECUTION APPLICATION NO. 484 OF 2021


      Virmati Villa Co-operative Housing Society ...Judgment Creditor/
      Ltd.                                       Decree Holder (Orig.
                                                 Claimant)

                Versus

      Shamik Enterprises Private Limited                   ...Judgment Debtor
                                                           (Orig. Respondent)

                                             WITH
                    INTERIM APPLICATION (L) NO. 19301 OF 2022
                                                IN
                       EXECUTION APPLICATION NO. 483 OF 2021
                                             WITH
                    INTERIM APPLICATION (L) NO. 19303 OF 2022
                                                IN
                       EXECUTION APPLICATION NO. 484 OF 2021
                                             WITH
                    INTERIM APPLICATION (L) NO. 19309 OF 2022
                                                IN
                       EXECUTION APPLICATION NO. 483 OF 2021
                                             ----------
      Fatema Tankiwala i/by LJ Law for the Respondent/Judgment
      Creditor.
      Mr. Virat M.            Chavda   for     the    Applicant    in    IAL/19299/22,
      IAL/19309/22


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                                                      20-EXA-484&483-21+.doc


Ms. Minal V. Chavan for the Applicant in IAL/19301/22 & 19303/22
                                    ----------

                                    CORAM : R.I. CHAGLA J

                                      DATE       : 16 March 2023

ORDER :

1. Learned Counsel appearing for the Judgment Creditor states that the Judgment Debtor/Corporate Debtor is currently in CIRP. An Interim Resolution Professional has been appointed for the Judgment Debtor. She has sought leave to file Affidavit in Reply to bring these facts on record as well as to take steps to amend the cause title of the Execution Application for bringing the Interim Resolution Professional on record as to represent the Judgment Debtor.

2. Accordingly, the Judgment Creditor shall file Affidavit in Reply within a period of one week from today. Further, the Interim Resolution Professional shall be brought on record to represent the Judgment Debtor and which amendment shall be carried out within a period of one week from today.

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20-EXA-484&483-21+.doc

3. The Interim Application taken out by the Applicant/Obstructionists for raising of attachment will be considered on the next date, subject to hearing the Interim Resolution Professional.

4. Place the Interim Application on 30th March 2023, first on high on board matters.

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