1 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 2400 OF 2008 IN APPEAL NO. 393 OF 2007 IN COMPANY APPLICATION NO. 626 OF 2005 IN COMPANY PETITION NO. 620 OF 2005 Konega International Pvt. Ltd. .. Appellant Vs. Citibank N.A. .. Respondent Mr. P. N. Singh i/by Vyas and Bhalwal for appellant. Mr. Cyrus Ardhershir a/w Shri Uttam i/by Pardiwala and Co. for respondent in support of Notice of Motion. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. March 02, 2010. P.C. 1. Heard. 2. No reply has been filed opposing this Motion taken out by the Citibank i.e. the original petitioner in Company Petition No. 620 of 2005. The said petition was admitted and Company Application No. 626 of 2005 2 was made absolute in terms of prayer clause (a) on 18/4/2007. The said order is under challenge in Appeal No. 393 of 2007, which has been admitted on 1/8/2007. The operation of the order passed by the learned Single Judge in Company Application has been stayed on certain conditions. 3. As per the Condition No.1 the plant and machinery referred to in para 8 of the affidavit of Shri Maheshkumar Goenka dated 23/7/2007 and the immovable properties mentioned in paras 11 and 12 of the said affidavit have been attached and it has been further directed that they should continue to attach until further orders from this court. 4. It has been now pointed out that the DRT is seeking to execute the decree passed on 28/6/2006 and the Recovery Certificate dated 18/8/2006. However, due to the attachment order passed by this court, clarification is sought in respect of the properties described in paras 11 and 12 of the affidavit dated 23/7/2007. 5. We have perused the said affidavit dated 23/7/2007 of Shri Maheshkumar Goenka. It is stated in para 11 of the affidavit that Goenka 3 Bhavan at Vile-Parle, Mumbai is in possession of the family members of the Directors and more particularly the ground and first floor are in occupation of the brothers and family members of the affiant and the affiant is the owner of the 4th floor. Similarly, the property in para 12 is a plot of land i.e. Plot No. 21 Survey No. 31 of village Pune, Taluka – Maval, District – Pune. It was submitted before us if the attachment of these two properties is released, the DRT will proceed with the execution and hence this application. 6. Clause No.1 of para 2 of the order dated 1/8/2007 is hereby modified and the immovable properties mentioned in paras 11 and 12 of the affidavit dated 23/7/2007 of Shri Maheshkumar Goenka are hereby released from the attachment and the Recovery Tribunal can proceed in accordance with law. 7. The Notice of Motion is made absolute in terms of prayer clause (a) and (b). (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE, J.)