Parasram H Bhojwani vs Pravinchand Sehgal And Ors
2021 Latest Caselaw 10211 Bom

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                       ORDINARY ORIGINAL CIVIL JURISDICTION

                    INTERIM APPLICATION (L) NO. 10779 OF 2021

                                        IN

           COMMERCIAL EXECUTION APPLICATION NO. 565 OF 2019


Parasram H. Bhojwani                                  ...      Applicant/
                                                      Judgment Creditor
         vs.
Pravinchand Sehgal and 4 Ors.                         ...      Respondents
                                                      Judgment Debtor


Mr. S. C. Naidu a/w. Mr. Aniketh Poojari and Mr. T. R. Yadav i/b. M/s. C. R.
Naidu & Co. for the Applicant.
Mr. Vaibhav Charalwar and Mr. Pritvish Shetty i/b. Vidhii Partners for the
Judgment Creditors.
Mr. Sujit Lahoti a/w. Mr. Aniket Worlikar i/b. M/s. Sujit Lahoti & Associates
for Respondent no. 1.
Ms. Kanchan Rane, 1st Assistant to Court Receiver present.


                                         CORAM : A. K. MENON, J.

DATED : 3rd AUGUST, 2021.

P.C. :

1. By this interim application the judgment creditor seeks reimbursement

of a sum of Rs.4,30,963/- part of which has already been provided for, A

balance of Rs.3,01,200/- has been retained by the Court Receiver and which

15-IAL-10779-2021-comex-565-2019.odt rrpillai amount the applicant claims towards security costs incurred by the applicant

on an undertaking to safeguard the premises.

2. The application is being opposed by Mr. Charalwar who states that the

security charges are questionable. There is no evidence of incurring these

costs especially because the premises which were in the custody has its own

security arrangements. There is thus a controversy as to whether these costs

were incurred at all and whether the judgment creditor is entitled to recover

these from the sale proceeds.

3. I called upon the applicants counsel to provide invoices based on

which the amount was been claimed. The applicant however has placed

reliance only on ledger account of Kishore Deshmukh in the books of Goldie

Lab Chem that discloses various amounts towards security charges and said

to be paid in cash. Voucher numbers are referred to but none are produced.

On a query from the Court Mr. Naidu states that no supporting invoices are

available. Faced with this Mr. Naidu now states on instructions that he will

appropriate the amounts lying with the Court Receiver, if released, towards

the decretal sum.

4. Mr. Charalwar has no objection to this course of action subject to

challenge to the decree that is said to be pending. In view thereof I pass the

following order :

15-IAL-10779-2021-comex-565-2019.odt rrpillai

(i) Court Receiver, High Court Bombay shall release a sum of Rs.

3,01,200/- to the applicant within a period of two weeks from today.

(ii) Receiver shall stand discharged upon payment since costs and charges

of Receiver has already been received.

(iii) Interim Application is disposed in the above terms.

(A. K. MENON, J.)

Digitally signed by RAJESHWARI RAJESHWARI RAMESH RAMESH PILLAI PILLAI Date:

2021.08.04 16:34:48 +0530

15-IAL-10779-2021-comex-565-2019.odt rrpillai