Yogesh Construction Pvt Ltd vs Bridge And Roof Co.Ltd
2021 Latest Caselaw 15055 Bom

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


                                  CHAMBER SUMMONS NO.1022 OF 2019
                                                   IN
                       COMMERCIAL EXECUTION APPLICATION NO.43 OF 2019


           Bridge & Roof Co. Ltd.                          .. Applicant
           In the matter between
           Yogesh Construction Pvt. Ltd.                   ..Plaintiff/ Decree Holder
                       v/s.
           Bridge And Roof Co. Ltd.                  .. Respondent/Judgment Debtor



           Mr. Durgaprasad Poojari i/b. PDS Legal                 for the plaintiff in
           CHSCD/1022/2019.

           Mr. Pravin Mengane i/b. Suresh Dhole for the defendants.


                                                     CORAM : A. K. MENON, J.

DATED : 14TH OCTOBER, 2021.

P.C. :

1. This is an application for raising attachment of immovable

property levied on or about 28 th February, 2019 pursuant to an

Award passed by the Micro and Small Enterprises Facilitation

Council. The operation of the award has been stayed in two Writ Digitally

Petitions. The order of the Division Bench required the applicant signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.10.14 18:24:23

+0530

15.chscd-1022-19.doc wadhwa to furnish a bank guarantee for the principal sum of the award,

that has apparently been done.

2. The learned counsel for the applicant seek sometime to verify

whether the bank guarantee has been furnished for the principal

sum awarded. Prima facie there is no question of attachment once

the order of the Division Bench is complied. Since the learned

counsel for the applicant clarifying the amounts, S.O. to 27 th

November, 2021.

3. It is made clear that matter will be disposed on that date. No till

will be granted.

(A. K. MENON, J.)

15.chscd-1022-19.doc wadhwa