Teena Hoshang Jilla @ Teena ... vs Kalpavruksha Developer And 4 Ors
2021 Latest Caselaw 17772 Bom

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

                       INTERIM APPLICATION NO.3009 OF 2021
                                        IN
  COMMERCIAL EXECUTION APPLICATION (LODGING) NO.9798 OF 2020
                                        IN
                      SUMMONS FOR JUDGMENT NO.114 OF 2018
                                        IN
                 COMMERCIAL SUMMARY SUIT NO.1141 OF 2018

Teena Hoshang Jilla @ Teena Mohammed Roshan            .. Applicant-Plaintiff
                 Vs.
Kalpavruksha Developer and Ors.                        .. Defendants


Mr. Jamsheed Master, with Declan Fernandez, i/by P. Fouzdar, for the
Applicant-Plaintiff-Decree Holder.

Mr. Dipesh Siroya for the Defendant-Judgment Debtor No.1.


                                          CORAM : A. K. MENON, J.

                                          DATE     : 21ST DECEMBER, 2021.

P.C. :

1. The IA is filed by the plaintiff-decree holder seeking to recover a sum

of Rs.1,42,00,000/-. There is no appeal pending as also there is no stay of

operation of the decree.

2. Today, at this ad-interim stage, Mr. Master seeks an order directing

attaching and freezing of 1st defendant's bank account no.04090200001860

of Bank of Baroda, Opera House Branch, Mumbai, in terms of prayer clause

38-IA-3009-2021.doc Dixit

(e) of the IA. Mr. Master states that the account number is accurate since

cheques have been issued from that account to the applicant-plaintiff in the

past.

3. Defendant no.1 represented today, but no vakalatnama is on record.

Learned counsel for defendant no.1 seeks time to file appearance.

4. In the meanwhile, since the decree is in terms of money and no

payments have been made thus far there being no appeal filed, I am of the

view that prayer clause (e) will have to be granted. In the circumstances, I

pass the following order :-

(i) There will be an ad-interim order in terms of prayer

clause (e) of the IA.

(ii) Registry shall issue warrant of attachment against

defendant no.1 within one week from today.

(iii) Vakalatnama on behalf of defendant no.1 to be filed

within two weeks from today.

(A.K. MENON, J.)

Digitally signed

SNEHA 38-IA-3009-2021.doc by SNEHA ABHAY DIXIT ABHAY Date:

2021.12.22 DIXIT 17:17:27 +0530 Dixit