Prakash R Shenai vs Indian Drugs And Pharmaceuticals ...
2021 Latest Caselaw 11811 Bom

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


                                            CHAMBER ORDER NO.54 OF 2021
                                                          IN
                                         EXECUTION APPLICATION NO.461 OF 1998
                                                          IN
                                                  SUIT NO.50 OF 1990


                     Prakash R. Shenai                            .. Applicant/Plaintiff
                              v/s.
                     Indian Drugs & Pharmaceuticals Ltd.                .. Respondent



                     Mr. Prakash R. Shenai for the applicant.

                     Mr. Niranjan Shimpi for the respondent.


                                                            CORAM : A. K. MENON, J.

DATED : 25TH AUGUST, 2021.

P.C. :

1. Mr. Shenai states that after passing of the decree he has not been

paid the decretal sum. He has therefore filed this Execution

Application despite which the respondent has not been appearing.

On the last occasion, pursuant to an order dated 28 th July, 2021

the respondent is now represented. The learned counsel states

that learned Additional Solicitor General will be appearing in the Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.08.26 10:22:18 +0530

16.chol-54-21.doc wadhwa matter.

2. In the meantime, Mr. Shimpi states that he will enter appearance

since now he has taken inspection of the record and is in the

possession of all particulars required. He seeks leave to file an

affidavit in reply which is dated 25 th August, 2021 in which the

defendant has offered to pay a sum of Rs.8,13,179/-. He is also

carrying a cheque for the amount which has been offered to the

applicant. However, Mr. Shenai who is appearing in person states

that he is willing to accept this as part payment and not in full

and final settlement.

3. In these circumstances, Mr. Shimpi is directed to obtain

instructions on payment of the decretal sum without prejudice to

the right of the Judgment Creditor to claim the balance interest.

4. Reply to be filed within one week after filing vakalatnama.

(A. K. MENON, J.)

16.chol-54-21.doc wadhwa