SHREE VISHNU HOLDINGS AND CONSULTANTS PVT. LTD. vs OFFICIAL LIQUIDATOR BANK OF KARAD LTD.(

Judgment text excerpt

5-CA-369-17 MEERA IN THE HIGH COURT OF JUDICATURE AT BOMBAY MAHESH JADHAV ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by MEERA MAHESH JADHAV Date: 2026.04.18 14:40:05 +0530 COMPANY APPLICATION NO. 369 OF 2017 IN COMPANY PETITION NO. 229 OF 1992 Shree Vishnu Holdings & Consultants Pvt. Ltd. …Applicant In the matter between: Reserve Bank of India …Petitioner Versus Official Liquidator, Bank of Karad …Respondent ----- Mr. Ashish Kamat, Senior Advocate a/w. Mr. Aseem Naphade, Ms. Shreya Bhagnari, Ms. Lulania and Ms. Reeuta Patil i/b. Negandhi Shah & Himayatullah for Applicant. Mr. Rohaan Cama a/w. Mr. Shakib Dhorajiwala and Mr. Indrajeet Deshmukh i/b. Vidhi Partners for Respondent. ----- CORAM : ARIF S. DOCTOR, J. RESERVED ON : 5th MARCH 2026 PRONOUNCED ON : 15th APRIL 2026 P.C. 1. This is the second application filed by the Applicant under the provisions of Section 457 of the Companies Act, 1956 ("Companies Act"), in which the Applicant has sought the following relief, viz. Page 1 of 35 Meera Jadhav 5-CA-369-17 “a) That this Hon’ble Court be pleased to direct the Respondent to vacate and hand over quiet, vacant and peaceful possession of the premises belonging to the Applicant (Landlord) namely the Office premises situated on the ground floor of the Applicant’s building known as Commonwealth Building situated at 82, Nagindas Master Road, Fort, Mumbai - 400 023; b) for costs of this Company Application and orders thereon; ”. 2. However, before adverting to the rival contentions, it is useful for context to set out the following facts: i. The Applicant is the owner and landlord of a flat measuring 1,100 square feet situated on the ground floor of a building known as Jayshree Chambers, 82 Nagindas Master Road, Fort, Mumbai 400 023 (“the said premises"). ii. It is no