National Spot Exchange Limited vs P.D Agro Processors Pvt. Ltd. And ...
2021 Latest Caselaw 932 Bom

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                  INTERIM APPLICATION (L)NO. 8584 OF 2020
                                       IN
                         COMMERCIAL SUIT NO. 11 OF 2014


National Spot Exchange Limited                ... Applicants/Plaintiffs.
         vs.
PD Agro Processors Pvt. Ltd. & Ors.          ... Respondents/Defendants


Mr. Ashish Kamat a/w. Mr. Melvyn Fernandes and Mr. Shlok Parekh i/b.
M/s. Vaish Associates Advocates.


                                        CORAM : A. K. MENON, J.

DATED : 14th JANUARY, 2021 P.C. :

1. By this interim application the plaintiff seeks a formal order of

revival of the Suit against defendant nos. 2 to 20 pursuant to rights

reserved in terms of order dated 16th August, 2018 passed in the above

suit. Mr. Kamat who appears in support states that although decree was

passed against defendant no. 1 attempts to recover decretal amount have

failed. He relies upon copy of an order passed by Civil Judge Senior

Division at Karnal annexed at Exhibit F to the interim application.

2. In support of his contention that Judgment Debtor was not

traced. Mr. Kamat states that the warrant of attachment was received

16-IAL-8584-2020-COMS-11-2014.doc rrpillai back un-executed and apparently the bank account which was subject

matter of execution was inoperative with Zero balance. The other

properties mentioned in the warrant are found to be not traceable. In

view thereof suit must revive. Accordingly, I pass the following order :

(i) Interim Application is made absolute in terms of prayer clause (a).

(ii) Suit stands revived against defendant nos. 2 to 20.

(iii) Liberty to apply for further relief in the Suit against those

defendants.

(iv) Interim Application is disposed.

(A. K. MENON, J.)

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

2021.01.14 18:30:22 +0530

16-IAL-8584-2020-COMS-11-2014.doc rrpillai