Popley Buildcon Private Limited vs Samarth Erectors And Developers ...
2021 Latest Caselaw 2245 Bom

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

                        INTERIM APPLICATION NO.105 OF 2021
          [INTERIM APPLICATION (LODGING) NO.1126 OF 2021]
                                    IN
  COMMERCIAL EXECUTION APPLICATION (LODGING) NO.1125 OF 2021
                                    IN
                           SUIT NO.3159 OF 2010
Popley Buildcon Private Limited             ... Applicant-Decree Holder
             V/s.
Samarth Erectors and Developers & Ors.      ... Respondents-Judg. Debtors


Mr. Ashish Kamat, with Mr. Akshay Puranik and Mr. Abhishek Adke, for the
Applicant-Decree Holder.
Mr. Milan Desai, i/by Mr. T.R. Patel, for the Respondents-Judgment Debtors.


                                               CORAM : A. K. MENON, J.

DATED : 3RD FEBRUARY 2021.

P.C. :

1. Learned counsel for the respondents-judgment debtors seeks extension

of time to comply with the order dated 20 th January 2021; particularly

paragraphs 3 and 4 thereof. The copy of the affidavit-in-reply has however

been provided today.

2. On behalf of the judgment creditor, Mr. Kamat seeks some protection

as far as the properties are concerned in identical terms as per order dated

29th January 2020 passed in Interim Application No.1 of 2019, copy of which

is annexed at Exhibit-E to the IA. He submits that it is possible that in the

interregnum, the firm and its partners may dispose movable and immovable

10-IA-105-21(IAL-1126-2021).doc Dixit properties. The disclosure may therefore be of no assistance, if property is

disposed.

3. Mr. Desai on behalf of the respondents-judgment debtors states that

respondent no.3 is in a disturbed state of mind having undergone surgery and

therefore is unable to give instructions.

4. In my view, the partnership firm and the other judgment debtors were

not so prevented from filing the disclosure affidavits. Accordingly, I pass the

following order :-

(i) Time to file affidavit-in-reply and affidavit-of-disclosure

per order dated 20th January 2021 is extended till 6 th

February 2021.

(ii) Till such time the disclosure affidavits are filed and for one

week thereafter, none of the properties, movable or

immovable, of the judgment debtors, except respondent

no.3, shall be disposed.

(iii) As far as respondent no.3 is concerned, personal expenses

in the normal course will be exempted from this order.

(iv) It is made clear that this restraint is allowed till the next

date only in view of the delay in filing the disclosure

affidavits.

                                       (v)       List the IA on 10th February 2021.

                                                                                                   (A. K. MENON, J.)

Sneha      Digitally signed
           by Sneha A. Dixit
                               10-IA-105-21(IAL-1126-2021).doc
A. Dixit                       Dixit
           Date: 2021.02.04
           14:40:06 +0530