Parasram H Bhojwani vs Pravinchand Sehgal And 4 Ors
2021 Latest Caselaw 9219 Bom

                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                             ORDINARY ORIGINAL CIVIL JURISDICTION

                                            INTERIM APPLICATION NO. 2701 OF 2020

                                                              IN

                                               CHAMBER SUMMONS NO. 822 OF 2018


                      Parasram H. Bhojwani                                  ...      Applicant
                               vs.
                      Pravinchand Sehgal and 4 Ors.                         ...      Respondents


                      Mr. S. C. Naidu a/w. Mr. Aniketh Poojari and Mr. Sudeshkumar Naidu i/b.
                      M/s. C. R. Naidu & Co. for the Applicant.
                      Mr. Vaibhav Charalwar and Mr. Pritvish Shetty i/b. Vidhii Partners for the
                      Judgment Creditors.
                      Mr. Sujit Lahoti a/w. Mr. Aniket Worlikar i/b. M/s. Sujit Lahoti & Associates
                      for Respondent no. 1.
                      Ms. Kanchan Rane, 1st Assistant to Court Receiver present.


                                                               CORAM : A. K. MENON, J.

DATED : 14th JULY, 2021.

[THROUGH VIDEO CONFERENCE] P.C. :

1. Respondent no. 2 is a licencee of respondent no. 1. Mr. Lahoti on

behalf of respondent no. 1 today states that the premises at Unit no. 205, 2 nd

Floor, Dilkap Centre, Saki Naka, Mumbai-400 072 is vacant and that

respondent no. 2 is not in possession. He further states that he will not part

with possession or induct any third party into the premises without leave of RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI 1/3 Date: 2021.07.15 13:44:39 +0530 13-IA-2701-2020-CHSCD-822-2018.odt rrpillai the Court. In view thereof I pass the following order :

(i) There will be an injunction restraining the respondent no. 1 and

defendant no. 3 Judgment debtor from dealing with, disposing, alienating,

encumbering, transferring or in any manner parting with possession or

creating third party rights in respect of Unit No. 205, Dilkap Centre, Saki

Naka, Mumbai-400 072 till further orders.

(ii) In the event respondent no. 2 claims any interest in the property

including by way of refund of security deposit, respondent no. 2 is also

restrained from dealing with, alienating, encumbering or parting with

possession of Unit No. 205, Dilkap Centre, Saki Naka, Mumbai-400 072till

further orders

(iii) In the meantime Mr. Charalwar is directed to disclose the Income Tax

returns filed for the financial year 2019-20 (Assessment Year 2020-21) on

or before 17th July, 2021 with advance copies to the other parties.

(iv) At the request of Mr. Lahoti, reply on behalf of respondent no. 1 to be

filed on or before 22nd July, 2021.

(v) In the event respondent no. 2 is desirous of filing any affidavit let such

affidavit also be filed by 22 nd July, 2021.

(vi) The Advocate for the applicant shall serve notice and copy of this order

upon the Corporation and Respondent no. 2 forthwith upon the order being

uploaded.

13-IA-2701-2020-CHSCD-822-2018.odt rrpillai

(vii) In the meantime in the disclosure affidavit dated 12 th July, 2021 the

deponent has disclosed that defendant no. 3 is scheduled to receive maturity

proceeds of a Life Insurance Policy. At this stage and till further orders the

Life Insurance Corporation is directed as follows :

(a) Not to disburse sums under Policy No. 904605396 which is said

to mature on 21st August, 2021.

(b) To provide all particulars of the name of the policy holder and

the name of the nominee under the policy as also the sum assured and

maturity value along with all bonuses, if any.

(c) To confirm date of maturity as 21 st August, 2021 and whether all

premium due has been paid.

(d) To furnish the above particulars to the Advocates for the

applicant within one week of service of a copy of this order.

(viii) List on 28th July,2021.

(A. K. MENON, J.)

13-IA-2701-2020-CHSCD-822-2018.odt rrpillai