M/S. Singhal And Brothers ... vs Union Of India
2021 Latest Caselaw 16300 Bom

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


                                                 SHERIFF'S REPORT NO.76 OF 2021
                                                              IN
                                         EXECUTION APPLICATION NO.366 OF 2017


                    Singhal & Brothers Contractor
                    & Engineers                                 .. Claimant/Award Holder
                             v/s.
                    Union of India                              .. Respondent/Judgment Debtor



                    Mr. A. M. Vernekar for the claimant.

                    Mr. T. J. Pandian a/w T.C. Subramanian for the judgment debtor.

                    Mr. D. S. Chaudhary, Dy.Sheriff.


                                                           CORAM : A. K. MENON, J.

DATED : 24TH NOVEMBER, 2021.

P.C. :

1. The claimant-award holder states that he supports the application

made by the Sheriff inasmuch as the amount awarded along with

interest has been deposited with the office of the Sheriff. It is

distressing to note that the award had to be executed against the

respondent-Union of India and that the union has been burdened

with further interest on account of non-payment after the award Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.11.25 10:52:15 +0530

7.report-76-21(exa-366-17).doc wadhwa attained finality.

2. In view of the aforesaid, on behalf of the union it is submitted that

the amount may be paid over to the judgment creditor.

3. Accordingly, I pass the following order;

(i) Sheriff Report is allowed in terms of prayer clauses (a) to (d).

(ii) Considering the fact that the court was forced to issue the

warrant of attachment under Order XXI Rule 64 including

against the Railways, registry is directed to list all similar matters

pending before this court after two weeks.

(iii) Sheriff's office is also accordingly directed to ascertain

number of Execution Applications where warrants of attachment

and/or sale have been issued against the Union of India.

(iv) Report is disposed in the above terms.

(A. K. MENON, J.)

7.report-76-21(exa-366-17).doc wadhwa