Rajeshri Realtors vs Sweet Angel Home Builders And 5 Ors
2021 Latest Caselaw 2120 Bom

                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                          INTERIM APPLICATION (L) NO. 2809 OF 2021
                                                              IN
                                        EXECUTION APPLICATION (L) NO. 1550 OF 2018



                        M/s. Rajeshri Realtors                       ...     Judgment Creditor
                                                                           Original Claimant
                              vs.
                        M/s. Sweet Angel Home                        ...     Judgment Debtor
                        Builders and Ors.                                  Org. Respondents


                        Mr. Vishal Thaker a/w. Ms. Anjali Trivedi and Ms. Nandita Shah i/b. M/s.
                        V. Thakers Advocates for the Applicant / Judgment Debtor.
                        Mr. Nigel Quraishy a/w. Mr. Dhananjay i/b. Mr. Dushyant Krishnan
                        for Respondent nos. 1 to 4.
                                                               CORAM : A. K. MENON, J.

DATED : 2nd FEBRUARY , 2021.

P.C. :

1. The Interim application seeks a direction to the respondent to pay

over a sum of Rs.3,44,62,008/- lying to the credit of the respondent

against whom the applicant has secured an award on 31 st January,

2018. The Award is executable today since no stay has been granted

against execution.

2. The Prothonotary and Senior Master of this Court is said to have Digitally

in his custody a sum of Rs. 6,89,24,016/-. This amount was required to signed by Rajeshwari Rajeshwari R. Pillai R. Pillai Date:

2021.02.03 15:29:49 +0530 1/3 40-IAL-2809-2021-EXAL-1550-2018.doc rrpillai be paid in equal shares to the applicant and respondent no.1. This is

seen from the order dated 19th January, 2021 passed in Interim

Application (L) No. 220 of 2021 in Writ Petition No. 1308 of 2019 and

on an application made by the present applicant. It appears that both

petitioner and respondent no. 1 have now applied to the Prothonotary

and Senior Master for withdrawal of their respective half shares

3. Vide the present application the applicant - judgment creditor

claims the 50% that is to be paid over to the respondent - judgment

debtor. Mr. Thaker therefore seeks order directing the Prothonotary and

Senior Master to pay over the respondent's share to the applicant instead

of respondent no.1. The application is opposed by Mr. Quraishy who

seeks time to file reply in view of the fact that respondent no. 1 has also

applied for withdrawal of the amount.

4. Since the applicant is entitled to execute the decree and recover

the balance of the decretal debt, I am of the view that some protection

requires to be granted. Accordingly, I pass the following order :

(i) Prothonotary and Senior Master shall not disburse the amount of

Rs. 3,44,62,008/- or any part thereof to the respondents.

(ii) Reply to be filed within four weeks.

(iii) Rejoinder to be filed within four weeks thereafter.

40-IAL-2809-2021-EXAL-1550-2018.doc rrpillai

(vi) It is common ground that the amount of 6,89,24,016/- has not

yet been invested. The Prothonotary and Senior Master shall invest the

respondents 50% share amount upto Rs. 3,44,62,008/- in a fixed

deposit in a nationalised bank initially for a period of one year to be

renewed from time to time till further orders. This order does not

prevent the applicant from receiving his 50% share.

(A. K. MENON, J.)

40-IAL-2809-2021-EXAL-1550-2018.doc rrpillai