Addon Realty Pvt Ltd vs Shivalik Ventures Pvt Ltd And 6 Ors
2021 Latest Caselaw 7229 Bom

                                                         1-COMEXL-184-19.doc

JSN,

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

              COMM. EXECUTION APPLICATION (L) NO. 184 OF 2019
                                       WITH
                      INTERIM APPLICATION (L) NO. 8627 OF 2020
                                       WITH
              COMMERCIAL CHAMBER SUMMONS NO. 969 OF 2019


        Addon Realty Pvt.Ltd.                               ...Applicant

                Versus

        Shivalik Ventures Pvt.Ltd. & Ors.                   ...Respondents

                                       ----------
        Ms. Neha Sonawane and Mr. Yash Kullarwar i/b Vis Legis Law
        Practice for the Applicant/Judgment Creditor.
        None for the Respondents.
                                       ----------

                                      CORAM :       R.I. CHAGLA J.
                                      DATE :        5th May, 2021
                                                    (V.C.)
        ORDER :

1. Heard learned Advocate for the Applicant / Judgment

Creditor / Plaintiff.

2. Perused the praecipe dated 30th April, 2021 fled by the

Advocate for the Judgment Creditor / Plaintiff. By this

praecipe dispensation has been sought of the objections raised

1-COMEXL-184-19.doc

by the Execution department with respect to fling online

records of the Respondents immovable / movables properties.

Reference has been made to an Affdavit of Disclosure dated

11th October, 2019 fled by the Respondent No.1, wherein

Respondent No.1 has disclosed list of movable and immovable

properties owned by them. It is further mentioned that

extensive search of the online record of the Respondent's

property was undertaken by the Advocate for the Judgment

Creditor / Plaintiff and upon which it had come to their

attention that the online records have not been updated.

3. The learned Advocate appearing for the Judgment

Creditor / Plaintiff has stated that the only objection raised by

the Execution Department is with regard to the fling of online

records of the Respondents properties proposed to be included

in column 'J' of the Execution Application. In view of the

Affdavit of the disclosure fled by the Respondent No.1, the

Applicant undertakes to satisfy this Court and any offcer of the

Execution Department with respect to the Respondents

property proposed to be included in Column 'J' of the Execution

Application. Thus dispensation of this objection has been

sought and for the Execution Application to be registered /

1-COMEXL-184-19.doc

fnally numbered.

4. I am satisfed with the explanation provided for in the

praecipe dated 30th April, 2021 and accept the undertaking of

the Applicant to satisfy this Court as to the properties proposed

to be included in column 'J' of the Execution Application. I

further note that the Affdavit of disclosure dated 11th October,

2019 has been fled by the Respondent No.1, wherein

Respondent No.1 has disclosed the list of movables and

immovable properties owned by them and which is to the

satisfaction of the Judgment Creditor / Plaintiff.

5. In view thereof, the objection raised by the Execution

Department as to fling of online records of the Respondents

properties proposed to be included in column 'J' of the

Execution Application is dispensed with.

6. The Execution Application shall be fnally numbered by

the Execution Department and placed before this Court.

7. The application by way of praecipe is disposed of.

[R.I. CHAGLA J.]