4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC Iresh IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2283 OF 2020 IN APPEAL (L) NO. 126 OF 2020 IN CHAMBER SUMMONS NO. 1162 OF 2016 IN EXECUTION APPLICATION NO. 38 OF 2006 IN COOPERATIVE CASE NO. CC/I/379 OF 1999 Spice Islands Apparels Ltd …Applicant In the matter between Spice Islands Apparels Ltd …Appellant Versus Mittal Tower Premises Co-operative Society Ltd & Ors …Respondents AND INTERIM APPLICATION NO. 2285 OF 2020 IN APPEAL (L) NO. 127 OF 2020 IN CHAMBER SUMMMONS NO. 1167 OF 2016 IN EXECUTION APPLICATION NO. 38 OF 2006 Page 1 of 4 4th August 2022 IRESH SIDDHARAM MASHAL Digitally signed by IRESH SIDDHARAM MASHAL Date: 2022.08.06 11:15:41 +0530 4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC IN COOPERATIVE CASE NO. CC/I/379 OF 1999 Bhupco Alloys Ltd …Applicant In the matter between Bhupco Alloys Ltd …Appellant Versus Mittal Tower Premises Co-operative Society Ltd & 3 Ors …Respondents WITH WRIT PETITION NO. 553 OF 1993 Ishwarlal J Shrimankar & Ors ….Petitioner Versus SK Laul & Ors ...Respondents Mr Vineet Naik, Senior Advocate, with Mr Akshay Vani, Sukand Kulkarni & Mr Manan Jaiswal, i/b MLS & Associates for Applicant/Appellant Mr Nikhil Wadikar, with Faiza Shaikh & Niranjan Kandade, i/b Nandu Pawar for Respondent no. 1. Dr Birendra Saraf, Senior Advocate, with Rohan Sawant, Uma Acharya & Jasmeet Kaur, i/b Jayakar & Partners for Respondents Nos. 2 & 3. Mr SK Dhekale Court Receiver, present. CORAM G.S. Patel & Gauri Godse, JJ. DATED: 4th August 2022 PC:- 1. Following the order dated 28th July 2022, we will need to issue notice to the Bank of India, Mandvi Branch. This will be done Page 2 of 4 4th August 2022 4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC by the oﬃce of the Prothonotary and Senior Master. A copy of our order of 28th July 2022 will accompany the notice. The Advocate for the Bank of India will be at liberty to inspect the papers. For the convenience of the bank, attention is drawn to paragraph 2 of our order of 28th July 2022. 2. A Receiver has already been appointed of the premises in question. The Appellants are agents of the Receiver. The Appellants have also deposited in Court an amount of Rs.21,56,737/-. That is invested and is earning interest. 3. We propose, in the common interest of all to have the premises sold through the court. We direct the Court Receiver to circulate through the Advocates for the Appellants and the Advocates for the society, as and when the Bank of India enters appearance, the Advocates for the Bank of India a copy of the standard form of advertisement for sale of the premises in question as also the Advocates for Respondents Nos. 2 and 3. The Advocates for all concerned will consider the terms of the advertisement. In particular all will apply their minds to the question of when the Appellants will be required to deliver possession. We are expressing no opinion on that aspect of the matter at this stage. We propose to hear the suggestions of all concerned on that aspect. 4. We also make it clear that we have not today decided the inter se priority of the claims of the bank (said to be a secured creditor), the society and the Appellants who are licensees of the premises in question. All contentions in that regard are expressly Page 3 of 4 4th August 2022 4-5-OSIA-2285-2020-IN-APPL-127-2020-WITH-WP553-1993+.DOC kept open for a decision at a later date. For the present we list the matter for directions on 23rd August 2022. 5. Previous orders to continue. 6. We clarify that the Appellants are not Judgment Debtors. The Judgment or Award Debtors are Respondents Nos. 2 and 3. (Gauri Godse, J) (G. S. Patel, J) Page 4 of 4 4th August 2022