Shirin Rahim Manji Kaba vs Moosabhai Gagji Khetani
2021 Latest Caselaw 17868 Bom

                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                                ORDINARY ORIGINAL CIVIL JURISDICTION

                                             INTERIM APPLICATION (L) NO. 29791 OF 2021

                                                                   IN

                                               EXECUTION APPLICATION NO. 356 OF 2021

                        Shirin Rahim Manji Kaba                                ...      Applicant
                        In the matter between
                        Moosabhai Gagji Khetani                                ...      Claimant
                               vs.
                        Shirin Rahim Manji Kaba                                ...      Respondent


                                                                  WITH
                                             INTERIM APPLICATION (L) NO. 29900 OF 2021

                                                                   IN

                                               EXECUTION APPLICATION NO. 356 OF 2021

                        Rahim Manji Kaba                                       ...      Applicant
                        In the matter between
                        Moosabhai Gagji Khetani                                ...      Claimant
                               vs.
                        Shirin Rahim Manji Kaba                                ...      Respondent


                        Ms. K. M. Bhatia i/b. Mr. a. M. Rajabally for the Claimant.
                        Ms. Nisha Kaba i/b. Mr. Hare Krishna Mishra for the Applicant in Interim
                        Application No. 29900 of 2021
                        Ms. Shehzad Naqvi for the Applicant in IAL/29791/2021.

           Digitally
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH     PILLAI
PILLAI     Date:
           2021.12.22
           18:08:02

                                                                    CORAM : A. K. MENON, J.

+0530

DATED : 22nd DECEMBER, 2021

22 -23- IAL-29791-2021-EXA-356-2021.odt rrpillai P.C. :

1. These application seek relief against execution. On behalf of the

applicants it is stated that execution proceedings are underway and they

apprehend that further steps will be taken in execution.

2. In Interim Application (L) no. 29900 of 2021 learned counsel on

behalf of the judgment debtor states that he is willing to deposit the monetary

claim of Rs. 5,90,000/- awarded by the arbitrator. She seeks protection

against further steps. She is however unwilling to pay over the amount to the

judgment creditor. In that view of the matter this application will have to be

heard.

3. Accordingly, on behalf of the respondent it is stated that till the reply is

filed and for one week thereafter no further steps will be taken in execution.

Accordingly, reply in both the interim applications to be filed on or before

6th January, 2022.

4. List the application on 12th January, 2022.

(A. K. MENON, J.)

22 -23- IAL-29791-2021-EXA-356-2021.odt rrpillai