Manish K. Ajmera And Anr vs Ketan T. Shah And 6 Ors
2021 Latest Caselaw 17380 Bom

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


                                      INTERIM APPLICATION (L) NO. 29004 OF 2021
                                                          IN
                             COMMERCIAL EXECUTION APPLICATION NO. 1729 OF 2018


                    Manish K. Ajmera and Anr.                     .. Applicant/Plaintiff
                             v/s.
                    Ketan T. Shah and 6 Ors.               .. Defendants


                    Mr. Anosh Sequeira a/w Ms. Sakina Electricwala i/b Taurus Legal for the
                    Applicants.

                    Mr. Rajiv Narula i/b Jhangiani Narula & Associates for Respondent Nos.1
                    and 2.
                    Ms. Kanchan Rane, 1st Assistant to Court Receiver.


                                                      CORAM : A. K. MENON, J.

DATED : 14TH DECEMBER, 2021.

P.C. :

1. By this Interim Application, the applicant/Judgment Creditor seeks

amendment to the Execution Application to incorporate particulars of

property disclosed in column (J) in particulars to be inserted by

amendment as set out in Schedule at column (J).

2. Mr. Narula, on behalf of the respondents submits to orders of the

Court.

Digitally signed by SANDHYA SANDHYA BHAGU

BHAGU WADHWA WADHWA Date:

2021.12.16 17:11:58 +0530

33. IAL 29004-2021.doc Wakodikar

3. In view thereof, I am of the view that this amendment can be

allowed. In the meantime, Mr. Narula points out that in an order dated

4th October, 2021, passed in Chamber Summons No. 79 of 2019,

reference to prayer clause (c) in the operative portion, may be deleted

since disclosure in terms of the prayer had already been made and it

was not in the contemplation of the applicants that the documents

would have to be delivered to the Prothonotary for cancellation. That is

now confirmed by the Advocate for the applicant, on instructions of

their client.

4. Today, it is stated by the Counsel on behalf of the applicant that

prayer clause (c) was not press on 4 th October, 2021 and that this was

overlooked at the time of speaking to the minutes on 11 th October,

2021. Accordingly, order dated 4th October, 2021 shall be corrected by

deleting the words "and (c)" in paragraph 5(i) of that order.

6. Interim Application No. 29004 of 2021 is disposed in terms of

prayer clause (a).

7. Amendment to be carried on or before 17th December, 2021.

8. Re-verification dispensed with.

9. Stand over to 21st December, 2021.

(A. K. MENON, J.)

33. IAL 29004-2021.doc Wakodikar