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Bombay High Court

Sanjay Kakade vs Vistra Itcl (India) Ltd.(Formerly ... on 8 March, 2019

Author: N. M. Jamdar

Bench: Naresh H. Patil, N. M. Jamdar

                         (902,903,904) nmca-238.19ors.doc



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

            NOTICE OF MOTION (L) NO.238 OF 2019
                           IN
           COMMERCIAL APPEAL (L) NO.107 OF 2019
                           IN
            CHAMBER SUMMONS (L) NO.911 OF 2018
                           IN
       COMM. EXECUTION APPLICATION (L) NO.1599 OF 2018

Kakade Construction Company
Pvt. Ltd.
Through its Director
Ashok Yadav                                   : Applicant

In the matter between

Kakade Construction Company
Pvt. Ltd.
Through its Director
Ashok Yadav                                   : Appellant.
      versus
Vistra ITCL (India) Ltd.
Formerly known as IL and FS
Trust Company Limited & ors.             : Respondents.

                      ALONG WITH
            NOTICE OF MOTION (L) NO.243 OF 2019
                           IN
           COMMERCIAL APPEAL (L) NO.109 OF 2019
                           IN
            CHAMBER SUMMONS (L) NO.911 OF 2018
                           IN
       COMM. EXECUTION APPLICATION (L) NO.1599 OF 2018

Sanjay Kakade                                 : Applicant


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                          (902,903,904) nmca-238.19ors.doc

In the matter between

Sanjay Kakade                                  : Appellant.
      versus
Vistra ITCL (India) Ltd.
Formerly known as IL and FS
Trust Company Limited and ors.                 : Respondents.

                      ALONG WITH
            NOTICE OF MOTION (L) NO.244 OF 2019
                           IN
           COMMERCIAL APPEAL (L) NO.111 OF 2019
                           IN
            CHAMBER SUMMONS (L) NO.911 OF 2018
                           IN
       COMM. EXECUTION APPLICATION (L) NO.1599 OF 2018

Mrs. Usha Sanjay Kakade                  : Applicant

In the matter between

Mrs. Usha Sanjay Kakade                  : Appellant.
      versus
Vistra ITCL (India) Ltd.
Formerly known as IL and FS
Trust Company Limited and ors.           : Respondents.

Mr. Rohit Kapadia, Sr.Advocate a/w Mr. Yatin                     R     Shah       for     the
Applicant/Appellant in NMCAL 238 of 2019.

Mr.Rohit Kapadia, Sr.Advocate a/w Mr. Rahul Soman and Mr.Kaustubh Thipsay
for Applicant/Appellant in NMCAL No.243 of 2019.

Mr.G S Godbole a/w Ms. Shruti Tulpule i/by Ms. Ketki Gadkari and Aditya P
Shirke in NMCAL No.244 of 2019.

Mr. F E DeVitre, Sr.Advocate a/w Mr.Gaurav Joshi, Sr.Advocate and Mr. Jatin
Pore and Ms. Ankita Agarwal i/by DSK Legal for Respondent No.1 and 2.


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                           (902,903,904) nmca-238.19ors.doc

Mr. D R Shetty, Court Receiver, present.


                             CORAM :          NARESH H. PATIL, C.J. &
                                              N. M. JAMDAR, J.
                             DATE         :   08 th MARCH 2019
P.C.

1           The learned counsel for the Applicant/Appellant pray for

continuation of ad-interim relief. Ad-interim relief is continued till next date subject to condition that the Applicant/Appellant shall maintain status quo in respect of the subject properties as on today.

2 Stand over to 15th March 2019, to be treated as Part-Heard.

N. M. JAMDAR, J.                                       CHIEF JUSTICE




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