Bombay High Court
Mohammed Afzal Mohammed Aslam vs Indian Bank And 2 Ors on 24 March, 2021
Author: V. G. Bisht
Bench: R. D. Dhanuka, V. G. Bisht
P-IA(L)-8322-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.8322 OF 2021
IN
COMMERCIAL APPEAL (L) NO. 7097 OF 2021
IN
INTERIM APPLICATION NO.1732 OF 2020
IN
ARBITRATION PETITION NO.624 OF 2021
MOHAMMED AFZAL MOHAMMED ASLAM )...APPLICANT
IN THE MATTER BETWEEN
MOHAMMED AFZAL MOHAMMED ASLAM )...APPELLANT
V/s.
INDIAN BANK AND OTHERS )...RESPONDENT
Mr.Shanay Shah a/w. Ms.Sapna Rachure, Ms.Kalyani Wagle i/b.
M/s.T.N.Tripathi & Co., Advocate for the Applicant / Appellant.
Mr.Raju Uttam Shinde a/w. Ms.Tamil Selvi Laxman, Advocate for
Respondent No.1.
Mr.N.Kher, Court Receiver, Bombay High Court, present in the
court.
CORAM : R. D. DHANUKA &
V. G. BISHT, JJ.
DATE : 24th MARCH 2021 AVK 1/3 ::: Uploaded on - 24/03/2021 ::: Downloaded on - 24/03/2021 23:56:38 ::: P-IA(L)-8322-2021.doc P.C. : 1 Not on board. Taken on board on being mentioned by
the learned counsel for the applicant for seeking extension of time to hand over possession of the premises to the Court Receiver on the ground that the Debt Recovery Tribunal (DRT) was not available for few days. The request made is that the time to hand over possession be extended till the DRT is functional and for a period of two days thereafter.
2 In our view, the application made by the learned counsel is misconceived and contrary to the order passed by this court on 19th March 2021. This Court had made it clear that the Court Receiver shall hand over vacant and peaceful possession of the said property to the authorized officer of the Indian Bank on or before 30th March 2021. We had directed the DRT to dispose off the application filed by the applicant/appellant under Section 17 of the SARFAESI Act within four weeks from the date of communication of the order.
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P-IA(L)-8322-2021.doc 3 The direction of handing over of possession has got nothing to do with the availability of the DRT. The Court Receiver is directed to take forcible possession of the property by breaking open the lock from the appellant if the same is not handed over within the time prescribed and, if necessary, with the assistance of police, as directed in the order dated 19 th March 2021.
4 The Court Receiver as well as the parties to act on a copy of this order duly authenticated by the Sheristedar of this court.
5 Interim Application (L) No.8322 of 2021 stands disposed off accordingly. No order as to costs.
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