Suit for sale of mortgaged property - No order of attachment of mortgaged properties could again be passed.

Citation

AIROnline 2021 Bom 604

BOMBAY HIGH COURT

(AURANGABAD BENCH)

R. G. AVACHAT , J.

WRIT PETITION - 4039 of 2020 D/- 3 - 2 - 2021

Shriram City Union Finance Ltd. v. Pratibha Shesherao Kulkarni and Anr.

Civil P.C. (5 of 1908), O.34 R.14, O.38 R.5 - Arbitration and Conciliation Act (26 of 1996),

S.9, S.36 - Suit for sale of mortgaged property - Order of attachment - Order of attachment of

immovable properties would be required to be passed calling upon judgment debtors to furnish

security for production or to place property at disposal of Court - Judgment debtors already

mortgaged properties as security for amount loaned to them by petitioner finance company -

Loan amount is very much secured - No order of attachment of mortgaged properties could

again be passed.

 (Paras 8 , 12)