Bombay High Court

IA/2663/2024 of DEEPAK KALYANDAS KAJI Vs THE COSMOS CO-OPERATIVE BANK LTD. on 15 October 2026

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OF 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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KVM

32 - IA 2663 OF 2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2663/2024 IN EXECUTION APPLICATION NO.305/2023 DEEPAK KALYANDAS KAJI & ORS. ….. APPLICANTS IN THE MATTER BETWEEN THE COSMOS CO-OPERATIVE BANK LTD. ….. CLAIMANT VS RANJANBEN HARSHAD CHAUHAN & ORS. ….. RESPONDENTS Adv. Prashant P. Kulkarni for the Applicants. Adv. Jayant Gaikwad a/w. Adv. Kartik Malusare for the Claimant. CORAM : RAJESH S. PATIL, J.

DATE : 15 OCTOBER, 2026

P.C. :-

I have heard learned counsel appearing for both the sides.

It is the case of the applicants that the warrant of attachment has been wrongly issued against Flat No. 301, 3rd Floor, ‘A’ Wing, New Aradhana Co-operative Housing Society Ltd., Govind Nagar, Behind Hanuman Temple, Borivali West, Mumbai – 400 092. It is submitted that the borrower was the respondent no.2 and the guarantor was respondent no.4. The said flat does not belong to KVM

32 - IA 2663 OF 2024.doc respondent no.2 or respondent no.4 and it is believed that another flat of the respondent no.2 has been already attached by the bank. The share certificate of the subject flat has been enclosed to the present interim application to page nos. 20 and 21.

In my view, the flat has been wrongly attached by the respondent bank. Therefore, the present interim application which seeks revocation and uplifting of the attachment should be allowed.

Interim application stands allowed in terms of prayer clause (a) which reads as under :- (a) That the Warrant of attachment dated 24th April 2023 in Execution Application No. 305 of 2023 in Arbitration Case No. ARB/COS/10 of 2019 in respect of Flat No. 301, 3rd Floor, ‘A’ Wing, New Aradhana Cooperative Housing Society Ltd., Govind Nagar, Behind Hanuman Temple, Borivali West, Mumbai 400 092 be revoked and lifted/raised. [RAJESH S. PATIL, J.]

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