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1993 Supreme(Bom) 351

SUJATA V.MANOHAR, N.D.VYAS
Bakul M. Kapadia. – Appellant
Versus
Bank of India and others – Respondent


JUDGMENT -Smt. SUJATA MANOHAR, J.:---This is an appeal from the order of the learned Single Judge dated 8th February, 1993 in Notice of Motion No. 2781 of 1992 taken out in Suit No. 2218 of 1983. By this order, the learned Single Judge has extended the proposed date of sale by the Court Receiver by further four weeks when the 5th defendant applied for an interim order. In view of this order, as nothing further survived, the Notice of Motion was disposed of with no order as to costs. Being aggrieved by this order of the learned Single Judge, the original 5th defendant has preferred the present appeal.

2. The Notice of Motion which is taken out on 15th December, 1992 by the appellant, is for the following prayers :

(a) this Honble Court do direct the Court Receiver, High Court, Bombay not to put up for sale, the immovable properties of the 1st defendant company till--

i) the investigation into the quantum of and responsibility for the damage done to the immovable properties of 1st defendant company is ascertained and the quantum of and responsibility for loss of properties of the 1st defendant company is ascertained as also the cause and quantum of responsibility for the loss due to the



























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