Bhagwan Thadhani @ Bhagwan ... vs Tridhaatu Asset Holding Llp And ...
2021 Latest Caselaw 16724 Bom

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


          Digitally signed
                                     INTERIM APPLICATION (L) NO. 22694 OF 2021
          by RUPALI

                                                        IN
          RAJESH
RUPALI    WAKODIKAR
RAJESH
WAKODIKAR Date:
          2021.12.03

                                    COMMERCIAL EXECUTION (L) NO. 22692 OF 2021
          14:39:39
          +0530




               Bhagwan Thadhani                                .. Applicant/Judg.Creditor
                             v/s.
               Tridhaatu Asset Holding LLP and Anr.            .. Respondents


               Dr. Birendra Saraf, Sr.Advocate, a/w Vaibhav Charalwar, Murtuza
               Federal i/b Federal & Co. for the Judgment Creditor.

               Mr. Saket More a/w Abhishek Salian i/b Vidhii Partners for Respondent
               Nos.1 and 2.
               Smt. K.M.Rane, 1st Asstt. To Court Receiver a/w A.B.Malvankar & Smt.
               S.S.Surve.
               Mr.Chirag Kamdar a/w Ms. Nanki Grewal and Manasi Joglekar i/b
               Wadia Ghandy & Co. for Vistra (ITCL) Pvt.Ltd. Security Trustee on behalf
               of Piramal Capital and Housing Finance Ltd. And PHL Fininvest Pvt.Ltd.


                                                    CORAM : A. K. MENON, J.

DATED : 2ND DECEMBER, 2021.

P.C. :

1. Mr. Kamdar states that Interim Application (lodging) No. 27999

of 2021 has been filed by Vistra (ITCL) India Limited, the applicant, as

they are Security Trustee and the property in respect of which the

present Interim Application is being considered is subject to security

14. IAK 22694-2021.odt Wakodikar interest in their favour.

2. Dr. Saraf and Mr. Mone seek some time to respond. Reply to be

filed on or before 9th December, 2021.

3. List on 14th December, 2021.

4. At this stage, Dr. Saraf states that after the order dated 18 th

November, 2021, a sum of Rs. 5,00,00,000/- has been paid by the

applicant and in view of that payment, the restraint against utilizing a

sum of Rs. 28,00,00,000/- may be modified since a sum of Rs.

5,00,00,000/- has been adjusted. Accordingly, in the direction in para

4(v), the amount shall stand reduced to 23,00,00,000/-. The order as

modified hereof shall remain in effect till further orders.

5. Mr. Mone further states that the partners of respondent are now

willing to file written undertakings not to dispose personal properties

which are disclosed in the affidavit of disclosure dated 1 st December,

2021, that he now intends to file till further orders of the Court.

6. Accordingly, time to file affidavit is extended up to 4 th December,

2021. Written undertakings of all partners shall also be filed by 4 th

December, 2021.

6. List the Interim Application on 14th December, 2021.

(A. K. MENON, J.)

14. IAK 22694-2021.odt Wakodikar