Friya Minocher Tavadia vs Derek Percy Spencer
2021 Latest Caselaw 169 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                    ORDINARY ORIGINAL CIVIL JURISDICTION

                EXECUTION APPLICATION (L) NO. 8441 OF 2020

                                            IN

                                  PARSI SUIT NO. 9 OF 2014



Friya Minocher Tavadia                              ...    Applicant/Plaintiff
         vs.
Derek Percy Spencer                                 ...    Respondent/Defendant


Ms. Disha U. Shetty for the Applicant/Plaintiff.
Ms. Gayatri Nitin Gokhale for Judgment Debtor.


                                              CORAM : A. K. MENON, J.

DATED : 5th JANUARY, 2021 (THROUGH VIDEO CONFERENCE)

P.C. :

1. The applicant seeks further orders in execution for alleged non

payment of maintenance agreed to be paid in a sum of Rs.53,000/- per

month.

2. On behalf of the judgment debtor it is submitted that an

application has been filed being Interim Application no. 8500 of 2020..

seeking modification of the order reducing the monthly amount

payable in view of the changed circumstances. However, in the

10-EXAL-8441-2020-PS-9-2014.doc rrpillai meantime and without prejudice to her rights and contentions in the

Interim Application filed by her, Ms. Gokhale submits that her client is

willing to make the sum of Rs.53,000/- per month which is overdue for

November and December, 2020 within one week from today. I

therefore pass the following order :

(i) A sum of Rs.1,06,000/- will be paid on or before

15th January, 2021.

(ii) In the meantime replies in Interim Application no. 8500 of 2020

and in the Execution Application to be filed on or before

18th January, 2021.

(iii) Rejoinders in both the applications also to be filed by

22nd January, 2021.

(iv) List on 27th January, 2021.

(A. K. MENON, J.)

Digitally signed by Rajeshwari R. Pillai Rajeshwari Date:

  R. Pillai    2021.01.06
               13:32:36
               +0530

10-EXAL-8441-2020-PS-9-2014.doc rrpillai