Bombay High Court
Savita Ravindra Badgujar And ... vs Paras Sunderji Dedhia And Anr on 21 October, 2021
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1230 OF 2020
IN
EXECUTION APPLICATION (L) NO. 428 OF 2020
IN
SUIT NO. 1240 OF 2018
Pravin D. Shetty and Anr. ... Applicants/Plaintiffs
vs.
Paras Sunderji Dedhia and Anr. ... Respondents/Defendants
WITH
INTERIM APPLICATION NO. 1232 OF 2020
IN
EXECUTION APPLICATION (L) NO. 441 OF 2020
Savita Ravindra Badgujar ... Applicants
and Ravindra Badgujar
vs.
Paras Sunderji Dedhia and Anr. ... Respondents
Mr. Malcolm Siganporia, Mr. Sandeep Dhangar and Ms. Kinjal Upadhyay i/b.
Mr. Jayesh R. Vyas for the Applicants.
Mr. Prashant Chande a/w. Mr. J. K. Shah and Mr. Archit G. Manurkar i/b. R.
J. Law for the Respondents.
RAJESHWARI
RAMESH Ms. Rekha Rane, 2nd Assistant to the Court Receiver.
PILLAI
Mr. V. S. Panandikar, A.S.O.
Digitally signed by
RAJESHWARI
RAMESH PILLAI 1/3
Date: 2021.10.21
17:13:21 +0530 30-31-IA-1230-1232-2020-EXAL-428-2020.odt
rrpillai
CORAM : A. K. MENON, J.
DATED : 21st OCTOBER, 2021.
P.C. :
1. Pursuant to order passed on 20 th instant the judgment debtor has now
identified car parking spaces to the satisfaction of the plaintiffs/applicants.
2. In Interim Application no. 1232 of 2020 in Execution Application (L)
441 of 2020 the respondent has identified car parking spaces B-8 and S-9.
These are located on the second podium level as per the floor plan certified
dated 30th December, 2020 copy of which has now been presented to court
duly signed by the Advocates for the parties. Possession of these two parking
spaces B-8 and S-9 are demarcated in blue hatched lines are to be handed
over to the Court Receiver. The alphabet "B" stands for Big and it is pointed
out that "S" stands for small. This indicates that one big car and one small car
can be parked.
3. In Interim Application no. 1230 of 2020 in Execution Application (L)
No. 428 OF 2020 four car parking spaces are identified which are numbered
B-7, B-11, S-6 and S-10. These are marked in red hatched lined. S-6 and
B-7 are to the left of the lift(s) on the north side whereas S-10 and B-11 are
to the right of car parking space S-9 to which I have made reference above.
While total of six car parking spaces have identified and to be allotted to the
30-31-IA-1230-1232-2020-EXAL-428-2020.odt
rrpillai
applicants in these two matters the Court Receiver shall take possession of the
same tomorrow at 11.00 am and ensure that the name of the Receiver having
taken possession of these car parking spaces painted in these spaces so as to
avoid any further controversy relating to these car parking spaces. The
respondents confirms that none of these six spaves have been allotted to any
other person. It will be ensured by the respondent that no other person shall
utilise these car parking spaces effective from the date that the consent terms
were passed.
(i) List on 15th November, 2021.
(ii) Court Receiver to file their report by the next date.
(iii) In the meantime pursuant to order passed yesterday 20 th September,
2021 sum of Rs.15,000/- shall be paid to the Court Receiver on or
before 28th October, 2021.
(iv) Liberty to apply if the car parking spaces are not handed over as
above.
(v) Court Receiver to act on a copy of this order authenticated by the
Associates of this Court.
(A. K. MENON, J.)
30-31-IA-1230-1232-2020-EXAL-428-2020.odt
rrpillai
