Popley Buildcon Private Limited vs Samarth Erectors And Developers ...
2021 Latest Caselaw 2723 Bom

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             ORDINARY ORIGINAL CIVIL JURISDICTION
                                             INTERIM APPLICATION (L) NO. 105 OF 2021
                                                               IN
                             COMMERCIAL EXECUTION APPLICATION (L)NO. 1125 OF 2021
                                                               IN
                                                     SUIT NO. 3159 OF 2010


                        Popley Buildcon Private Limited             ... Applicants-Decree Holder
                                 vs.
                        Samarth Erectors and                     ... Respondents-Judg. Debtors
                        Developers & Ors.


                        Mr. Ashish Kamat a/w. Mr. Akshay Puranik and Mr. Abhishek Adke for
                        the Applicant - Decree Holder.
                        Mr. Milan Desai i/b. Mr. T. R. Patel for the Respondents - Judgment
                        Debtors.
                                                                 CORAM : A. K. MENON, J.

DATED : 10th FEBRUARY, 2021 P.C. :

1. Heard learned counsels for further ad-interim reliefs. On behalf

of the respondent learned counsel states that the plaintiff are fully

secured and that the entire decretal amount is to be paid only by 15 th

May, 2021 and that it will be paid. The fact remains that under the

consent terms none of the amounts have been paid thus far. In the

circumstances affidavit of disclosure were ordered to be filed.

Digitally signed by Rajeshwari Rajeshwari R. Pillai R. Pillai Date:

2021.02.11 14-IA-105-2021.doc 11:08:35 +0530 rrpillai

2. Today it is the case of the plaintiff that the disclosure reveals

certain flats are still available and those can be attached and sold. Ad-

interim injunction may be continued since according to the defendant

the amounts are to be paid on or before 15 th May, 2021. Accordingly, I

pass the following order :

(i) Ad-interim order to continue till 15th May, 2021.

(ii) In the event the respondent are able to pay earlier, liberty to

apply.

(iii) In the meantime plaintiffs are at liberty to proceed with

attachment of the disclosed assets.

(A. K. MENON, J.)

14-IA-105-2021.doc rrpillai