Bombay High Court
Sukhdev Singh Bansal vs K. T. Group And 4 Ors on 28 April, 2021
Bench: R. I. Chagla
This Order is modified/corrected by Speaking to Minutes Order dated 07/05/2021
8-IAL-10683-21.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 10683 OF 2021
IN
COMM. EXECUTION APPLICATION NO. 219 OF 2020
Sukhdev Singh Bansal ... Applicant
Versus
K.T. Group & Ors. ...Respondents
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Mr. Kayval P. Shah a/w Mr. Tejas Kishor Sanghrajka for the
Applicant.
Mr. Himanshu Takke, AGP for the Respondent-State.
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CORAM : R.I. CHAGLA J.
DATE : 28TH APRIL, 2021
(V.C.)
ORDER :
1. Heard learned Counsel for parties.
2. This Interim Application has been taken out in the above
Execution Application which is for execution of the judgment
and decree dated 18th March, 2019 passed in Summons for
Judgment No.6 of 2019 in Commercial Summary Suit No.216 of
2018. By this Application the Applicant seeks a stay of the
execution and implementation of the notice issued by the
This Order is modified/corrected by Speaking to Minutes Order dated 07/05/2021
8-IAL-10683-21.doc
Respondent in March 2021 titled as "Declaration of confscated
Immovable property and written notice of sale of property"
with respect to the subject property.
3. Learned Counsel appearing for the Applicant has referred
to the orders passed by this Court dated 12th January, 2018
and 1st February, 2018 by which Defendants were directed not
to create third party rights and / or part with possession of the
subject property viz. Flat No.705 mentioned in the schedule to
the Notice of Motion taken out by the Applicant. He has
submitted that the Notice of Motion (L) No.101 of 2018 had
been taken out for attachment of the subject property and by
the said order dated 1st February, 2018, this Court had
recorded the statement of the learned Counsel for the
Defendants on instructions that the Defendants shall not create
third party rights or part with possession of the subject
property described as Flat No.705 pending the hearing and
disposal of the Suit. He has submitted that thereafter a warrant
of attachment has been issued by the Prothonotary and Senior
Master of this Court on 3rd March, 2021 in respect of the
subject property. He has further submitted that in March,
2021, the Respondent - Tahasildar and Executive Magistrate,
This Order is modified/corrected by Speaking to Minutes Order dated 07/05/2021
8-IAL-10683-21.doc
Borivali has issued auction notice for auction of the subject
property on 27th April, 2021 in respect of which stay has been
sought by fling the present Interim Application.
4. The learned Counsel for the Respondent has submitted
that the subject property has not been attached and in fact
during the pendency of the Suit, this Court by two orders dated
12th January, 2018 and 1st February, 2018 had only
restrained the Defendants from creating third party rights. He
has submitted that in the proceeding before the MahaRERA,
the subject property has been confscated and pursuant to
which the Respondent herein has issued the said Notice for sale
of property on 27th April, 2021. However, no bids have been
received pursuant to the Notice and hence the auction sale
could not be proceeded with. In view of these facts, he has
submitted that no ad-interim relief should be granted.
5. Having considered the submissions, it is noted that the
Applicant in execution of the judgment and decree dated 18th
March, 2019 passed in Summons for Judgment No.6 of 2019 in
Commercial Summary Suit No.216 of 2018 is seeking stay of
the notice issued by Respondent in March, 2021 titled as
This Order is modified/corrected by Speaking to Minutes Order dated 07/05/2021
8-IAL-10683-21.doc
"Declaration of confscated immovable property and written
notice of sale of property". It is further observed that the Notice
of Motion had been taken out by the Applicant for attachment
before judgment in respect of subject property in Commercial
Summary Suit (L) No.747 of 2017 and pursuant to which this
Court had by order dated 1st February, 2018 not granted
attachment of the subject property but has recorded the
statement of the learned Counsel for the Defendants on
instructions that the Defendants shall not create any third
party rights or part with possession of the suit property. It
appears that the Prothonotary and Senior Master of this Court
has in March, 2021 prepared a warrant of attachment of the
immovable property under Order XXI Rule 54 of the CPC,
1908, but whether warrant of attachment is actually issued is
not clear and has been disputed by the learned Counsel for the
Respondents. The subject property has in the same month of
March, 2021 been confscated for the dues of Revenue
Recovery Certifcate in the MahaRERA execution proceedings.
However, it appears that the auction which was to be held on
27th April, 2021 pursuant to the Notice issued in March, 2021
has been not taken place in view of bids not having been
received for the subject property. In view thereof no ad-interim
This Order is modified/corrected by Speaking to Minutes Order dated 07/05/2021
8-IAL-10683-21.doc
relief as sought for by the Applicant are necessary to be
granted.
6. Hence the following order:-
(i) Respondents are permitted to fle Affdavit in Reply to
the Interim Application on or before 19th May, 2021 with copy
to the other side.
(ii) The Applicant is permitted to fle Affdavit in
Rejoinder, if any, to the Affdavit in Reply to be fled by the
Respondents, on or before 2nd June, 2021 with copy to other
side.
(iii) It is made clear that auction of the subject property,
pursuant to the notice issued by the Respondent - Tahasildar
and Executive Magistrate, Borivali in March, 2021 shall be
subject to the orders passed in this Interim Application.
(iv) The Interim Application is adjourned to 9th June,
2021.
[ R.I. CHAGLA J. ]
