Phoenix Industries Ltd vs Hari International And Another
2021 Latest Caselaw 14386 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                          [ COMMERCIAL DIVISION ]

              INTERIM APPLICATION (LODGING) NO.22275 OF 2021
                                       IN
           COMMERCIAL EXECUTION APPLICATION NO.417 OF 2019
                                       IN
                   COMMERCIAL SUMMARY SUIT NO.39 OF 2016

Phoenix Industries Ltd.                         .. Applicant-Claimant
            Vs.
Hari International and Anr.                     .. Respondents-Judg. Debtors


Mr. Pranesh Gada, with Ms. Komal Sharma, i/by Dhanuka & Partners, for the
Applicant-Claimant.

Mr. Saeed Akhtar, with Mr. Rehan Ansari, for the Respondents-Judgment
Debtors.


                                         CORAM : A. K. MENON, J.

                                         DATE      : 4TH OCTOBER, 2021.

P.C. :

1. By this IA, the applicant-judgment creditor seeks a correction in the

Warrant of Sale inasmuch as the area of the flat in question has been

inadvertently specified in the "square meters" instead of "square feet".

2. Learned counsel for the applicant-judgment creditor has taken me

through the description of the property in the Execution Application as well

as the Warrant of Attachment, both of which refer to the area as being in

square feet.

15-IAL-22275-2021.doc Dixit

3. Accordingly, having heard learned counsel for the parties, I pass the

following order :-

(i) IA is allowed in terms of prayer clause (a).

(ii) Amendment to be carried out by the registry.

(iii) Corrected warrant shall be issued within two weeks

from today.

(iv) IA is disposed in the above terms.

(A.K. MENON, J.)

Digitally signed SNEHA ABHAY by SNEHA ABHAY DIXIT 15-IAL-22275-2021.doc Date:

Dixit 2021.10.04 DIXIT 17:20:47 +0530