Popley Buildcon Private Limited vs Samarth Erectors And Developers ...
2021 Latest Caselaw 6819 Bom

                                                        1-COMEXL-1125-21.doc

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   ORDINARY ORIGINAL CIVIL JURISDICTION

            COMM. EXECUTION APPLICATION (L) NO. 1125 OF 2021
                                      WITH
                       INTERIM APPLICATION NO. 105 OF 2021


       Popley Buildcon Private Limited                            ... Applicant

               Versus

       Samarth Erectors and Developers & Ors.                ...Respondents

                                     ----------
       Mr. Akshay Puranik i/by Mr. Abhishek Adke fpr the Applicant.
       None for Respondents.
                                     ----------

                                     CORAM :        R.I. CHAGLA J.

                                     DATE         : 28TH APRIL, 2021
                                                    (V.C.)

       ORDER :

1. Heard learned Counsel for the Applicant / Decree Holder.

2. None appears for the Judgment Debtor although served

notice of this hearing.

3. The learned Counsel has referred to an order dated 10th

February, 2021 passed by the Single Judge of this Court

1-COMEXL-1125-21.doc

(Coram :- A.K. Menon, J.) which had expressly continued the

ad-interim order till 15th May, 2021 and had granted liberty to

the parties to apply in the event that the Respondents are able

to pay earlier. The learned Counsel for the Applicant states

that, although the Consent Terms have been signed, they have

not yet been fled in this Court. He seeks liberty to fle the

Consent Terms before this Court on the next date. He further

seeks the continuation of the ad-interim order.

4. Considering the submissions of the learned Counsel for

the Applicant and that the learned Counsel for the Judgment

Debtor is not present today, it would be appropriate to adjourn

the matter to enable the parties to fle the Consent Terms in

this Court. It is made clear from the order dated 10th February,

2021 that the ad-interim order is to continue till 15th May,

2021. Liberty is also been granted to the parties to apply in the

event that the Respondents are able to pay earlier. Hence

considering order dated 10th February, 2021, it would be

appropriate to grant liberty to the parties to fle the Consent

Terms which has been signed by them in this Court on the next

date.

1-COMEXL-1125-21.doc

5. Accordingly, the Interim Application is adjourned to 7th

May, 2021. The learned Counsel for the Applicant / Decree

Holder is directed to serve the notice of this Order on the

Respondent / Judgment Debtor. It is needless to add that, the

ad-interim order is continued till 15th May, 2021.

[R.I. CHAGLA J.]