Mrs. Rajshri Laxmidas Sonkavde vs M/S Kunal Constructions ...
2021 Latest Caselaw 1179 Bom

                                                                   24.794.21 WPST.doc

ISM
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                CIVIL APPELLATE JURISDICTION

                             WRIT PETITION (ST) NO. 794 OF 2021


      Mrs. Rajshri. L. Sonkavde                                   ....Petitioner

              V/s.

      M/s. Kunal Constructions & Ors.                             .....Respondents

      Mr. Amol Kokane i/b Mr. Sumant Deshmukh for the Petitioner


                               CORAM :   NITIN W. SAMBRE, J.

                               DATE:     JANUARY 18, 2021.

      P.C.:

      1]      The submissions are, Petitioner-Decree Holder having noticed

that Judgment-debtor is trying to create third party interest, moved

an application for temporary injunction. Application came to be

rejected on the ground that remedy of attachment is available. When

an Application for attachment came to be moved in Special Civil Suit

No. 324 of 2017, learned Executing Court erroneously rejected the

said Application by observing that property are already attached by

financial institutions.

24.794.21 WPST.doc

2] In the wake of above, issue notice for final disposal, returnable

on 03/02/2021. In addition to Court notice, Petitioner is at liberty to

serve the Respondents by private notice by Registered A.D./Speed

Post and file affidavit of service before the returnable date.

[NITIN W. SAMBRE, J.]