Blacksoil Realty Investment ... vs Heena Patel And 2 Ors
2021 Latest Caselaw 2063 Bom

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


                                            INTERIM APPLICATION (L) NO.6269 OF 2020
                                                              IN
                                             COMMERCIAL EXECUTION NO.2 OF 2021
                                                              IN
                                               COMMERCIAL SUIT NO.1309 OF 2019



                       Blacksoil Capital Private Limited            .. Applicant/Judgment Creditor
                                                                              /Org.plaintiff no.2
                       In the matter between
                       Blacksoil Realty Investment Advisors LLP & Anr.              .. Plaintiffs
                                v/s.
                       Heena Patel & Ors.                       .. Judgment Debtors/ Defendants



                       Mr. Venkatesh Dhond, Sr. Advocate, a/w Shanay Shah, Bhavik Mehta,
                       Ms. Shivangi Agarwal & Ms. Prakruti Joshi i/b. Dhruve Liladhar & Co.
                       for the applicants/org.plaintiffs.

                       Mr.      P.A. Kabadi a/w Ms. Taruna Nagpal i/b./ DSK Legal               for the
                       defendants.


                                                                CORAM : A. K. MENON, J.

DATED : 1ST FEBRUARY, 2021. P.C. :

1. Mr. Dhond seeks urgent relief in terms of prayer clause (a) of the

interim application. He states that the suit has been disposed in Digitally signed by

Sandhya Sandhya Wadhwa Wadhwa Date:

2021.02.02 17:16:41 +0530

21.ial-6269-20.doc wadhwa terms of the consent terms vide an order dated 3 rd February, 2020

and that the defendants have committed default in payment of the

very first installment which fall due on 30 th October, 2020 and as

provided in Clause 16(a) of the consent terms.

2. On 11th November, 2020, defendant nos.1 to 3 through counsel

made a statement to the Vacation Court that the defendant will

not create third party rights or part with possession of the suit

property. That order continue to operate till today. On 21 st

December, 2020 the applicants stated that they would proceed in

execution. Today, Mr. Dhond states that the execution application

has since been processed and warrant of attachment has been

lodged but is yet to be issued.

3. I have heard the learned counsel for the parties. Considering the

fact that the first installment was due in October 2020 and that

the defendants have been in default since then, prima facie case

has been made out. The defendants through counsel state that

they have filed an application for extension of time to make

payments of the decretal amount that is pending. However,

pendency of that application will not prevent this Court from

passing an appropriate order.

21.ial-6269-20.doc wadhwa

4. I pass the following order;

(i) Court Receiver, High Court, Bombay, is appointed as Receiver

in respect of the property described in the first schedule of the

consent terms being the leasehold plot of land.

(ii) The Receiver shall only take symbolic possession in the first

instance.

(iii) Rejoinder to the IA to be filed within two weeks from today.

(iv) If pleadings are complete, list for hearing on 25 th February,

2021 along with IA (L) no.7799 of 2020.

(v) In the meantime, registry to issue warrant of attachment

within one week from today subject to compliance of objections, if

any.

(A. K. MENON, J.)

21.ial-6269-20.doc wadhwa