Smart Timing Steel Limited vs National Steel And Agro ...
2021 Latest Caselaw 3145 Bom

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


                   INTERIM APPLICATION NO.287 OF 2021
                                      IN
           COMMERCIAL EXECUTION APPLICATION NO.68 F 2016
                                      IN
                   ARBITRATION PETITION NO.997 OF 2016


Smart Timing Steel Limited                          .. Applicant/Claimant
         v/s.
National Steel and Agro Industries Ltd.             .. Respondent



Mr. Rishi Murarka a/w Ram Jay Narayan i/b. Ashwin Shanker for the
applicant/claimant.

Mr. D.S. Chaudhari, Dy. Sheriff.


                                        CORAM : A. K. MENON, J.

DATED : 17TH FEBRUARY, 2021.

P.C. :

1. The IA seeks a direction to the bailiff / Sheriff to carry out

valuation of the premises forming subject matter of attachment

after breaking open the lock of the outer door of the premises.

2. It is the case of the applicant that execution application has been

filed pursuant to an arbitral award dated 18 th August, 2014 and

arbitration petition challenging that award was said to have been

22.ia-287-21.doc wadhwa filed in this Court bearing Arbitration Petition no.997 of 2016.

That petition has been disposed by this Court on 15 th November,

2016 since there was no stay against execution, the judgment

creditor/claimant has filed this execution application. A warrant

of attachment for immovable properties said to have been issued

on 30th January, 2017. Copy of warrant of attachment is annexed

to this IA i.e. at Exhibit 'C'.

3. Perusal of the warrant discloses that judgment creditor seeks to

enforce the award by recovering a sum of Rs.2,44,54,785.01 by

attachment and sale of property described in the schedule to the

warrant in the building known as 'Tulsiani Chambers' at Nariman

Point, Mumbai.

4. The Sheriff's report also mentions a second premises at Broach

Street, Mumbai. However, the counsel for the applicant today

submits that he is restricting his application to the premises at

Tulsiani Chamber, Free Press Road, Nariman Point, Mumbai. The

report of the Sheriff of Mumbai dated 8 th January, 2021 reveals

that upon visiting the attached premises it was found locked.

Enquiries were made with the staff of the neighbouring office

22.ia-287-21.doc wadhwa no.619 and the Sheriff's representative, Advocate for the plaintiff

and consultant were informed that the office opens rarely on

occasions once in a week or even once in a month but there is no

fixed time when the office remained open. The Sheriff report

indicates that enquiries were also made with the Manager of the

society who also confirms that the office rarely open. There is no

fixed time when the office remained open. The report further

indicates that the Sheriff's office contacted an office assistant of

the respondent on his mobile phone and that staff member

informed the Sheriff's office that due to pandemic the office is

closed.

5. In these circumstances, it will be appropriate that the office of the

Sheriff and Advocate for the plaintiff will contact the said staff of

the respondent intimating to him of this application and the fact

that the office is required to be opened for the purposes of

valuation and that such valuation will be conducted on 5 th March,

2021 at 11.00 a.m. when the office will have to be kept open,

failing which the orders will have to be passed for directing the

Sheriff to break open the lock and conduct valuation.

22.ia-287-21.doc wadhwa

6. In the event, premises is found to be locked even on 5 th March,

2021 at 11.00 a.m. an appropriate notice will be affixed that the

matter is now listed on 9th March, 2021 before this Court for

further orders.

7. In view of the aforesaid, S.O. to 9th March, 2021.

(A. K. MENON, J.)

Digitally signed by Sandhya Sandhya Wadhwa Wadhwa Date:

2021.02.18 16:32:26 +0530

22.ia-287-21.doc wadhwa