Sourav Chandidas Ganguly vs Percept Talent Management Ltd. ...
2021 Latest Caselaw 17770 Bom

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                          [ COMMERCIAL DIVISION ]

              INTERIM APPLICATION (LODGING) NO.27538 OF 2021
                                      IN
 COMMERCIAL EXECUTION APPLICATION (LODGING) NO.13320 OF 2021

Sourav Chandidas Ganguly                       .. Applicant-Claimant
          Vs.
Percept Talent Management Ltd. & Anr.          .. Respondents-Judg. Debtors
         And
Percept Ltd. and Ors.                          .. Respondents-Garnishees


Mr. Vaibhav Charalwar, with Mr. I.J. Nankani and Ms. Huzefa S. Khokhawala,
i/by Nankani & Associates, for the Applicant-Claimant.
Mr. Shardul Singh, with Mr. Parag Khandhar and Ms. Saloni Shah, i/by DSK
Legal, for the Respondents-Judgment Debtors.
Mr. Dipesh Siroya for Garnishee Nos.2 and 3.



                                        CORAM : A. K. MENON, J.

                                        DATE      : 21ST DECEMBER, 2021.
P.C. :

1. By this IA, the applicant-claimant seeks leave to withdraw a sum of

Rs.54,61,127/- deposited with the Prothonotary and Senior Master, along

with the accrued interest, against furnishing a bank guarantee in favour of

the Prothonotary and Senior Master and various other reliefs of deposit as

against respondents 1 and 2 and for issuance of garnishee notice to

respondent no.3 in respect of an amount of Rs.62,50,000/- said to be owing to

judgment-debtor no.2.

46-IA(L)-27538-2021.doc Dixit

2. At the hearing today, Mr. Singh, learned counsel appearing for the

judgment debtors seeks time to put in an affidavit-in-reply. He states that, by

making specific reference to all the prayers in the IA, a detailed affidavit will

be filed in relation to the transactions forming subject matter of prayer clause

(d) of the IA. He further states that he has no objection if the monies are

withdrawn by the applicant-claimant against security of a bank guarantee.

3. In view thereof, I pass the following order :-

(i) Interim Application is allowed in terms of prayer

clauses (a), (g) and (h).

(ii) The applicant-claimant shall furnish a bank guarantee

of a nationalized bank to the satisfaction of the

Prothonotary and Senior Master. The bank guarantee

shall be unconditional, without demur and payable on

first demand, without reference to the respondents.

(iii) Issue notice to the respondent no.3-garnishee,

returnable on 11th January 2021.

(iv) Upon service of notice, the respondent no.3-garnishee

is directed to comply with prayer clause (h) of the IA

within two weeks from service of notice.

(v) As far as prayer clause (b) and other prayers in the IA

are concerned, the respondents-judgment debtors shall

file their affidavit-in-reply on or before 7 th January

2022.

46-IA(L)-27538-2021.doc Dixit

(vi) List the IA on 11th January 2022.

(vii) In the meantime, vakalatnama on behalf of the

respondent/s to be filed within two weeks from today.

(A.K. MENON, J.)

Digitally signed

SNEHA 46-IA(L)-27538-2021.doc by SNEHA ABHAY DIXIT ABHAY Date:

Dixit 2021.12.22 DIXIT 17:14:51 +0530