ata 1 908.chs.1911.07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1911 OF 2007 IN EXECUTION APPLICATION NO.325 OF 2003 IN SUMMARY SUIT NO.4190 OF 1998 Suresh Gyanchand Kumar .. Plaintiff versus M/s. Nitul Textiles & Others ..Defendants And Bank of Baroda ..Applicant --------------------------- Mr. M.B.Jadhav i/b Sanjeev Kanchan, for the plaintiff Mr.K.I.Shah a/w V.K.Shah , for the applicant Mr.Harshad Sanghvi, defendant no.2 present in person CORAM: S.J.KATHAWALLA, J. DATED: MARCH 25, 2011 P.C. By consent of the parties the following order is passed: ata 2 908.chs.1911.07.sxw i) The order dated 26th October, 2007 passed by the Commissioner for Taking Accounts, is set aside. The Present Commissioner for Taking Accounts shall rehear the matter and submit report within a period of 4 weeks from today. The Commissioner shall also consider the orders passed by the DRT, subsequent to the direction passed by this court inter-alia holding that the applicant bank has a valid, and subsequent charge over the mortgage property. ii) The Chamber Summons is accordingly disposed of, with liberty to the parties to take out appropriate proceedings after the Commissioner for Taking Accounts rehears the matter and submits report. iii) The order passed by this Court (Coram:S.J.Vazifdar,J) dated 3rd December,2007, shall continue to be in force. ( S.J.KATHAWALLA, J )