Alamgir Ajimuddin Shaikh vs Raghvendra Construction Co. Pvt. ...
2021 Latest Caselaw 15485 Bom

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


                                 INTERIM APPLICATION NO.2266 OF 2021
                                                     IN
                              EXECUTION APPLICATION (L) NO.21122 OF 2021


            Alamgir Ajimuddin Shaikh                         .. Applicant/Decree Holder
                       v/s.
            Raghvendra Construction Co.Pvt.Ltd.
            & Ors.                                           .. Respondents



            Mr. Simil Purohit a/w Mittal Munoth i/b. Kookada & Associates for the
            applicant.

            Mr. Vishal Kanade a/w Atharva Dandekar, Ms. Nidhi Ram i/b. Abhijeet
            Marathe for respondent nos.1 &2.


                                                       CORAM : A. K. MENON, J.

DATED : 27TH OCTOBER, 2021.

P.C. :

1. By this IA, the applicants seek disclosure of assets and properties

owned by Directors and Ex-Directors of the respondents in the

course of execution of an order in accordance with consent terms

and an injunction restraining them from transferring or creating

third party rights in their said properties. In the meantime, the

applicants seek an order directing deposit of an amount of Digitally signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA

WADHWA Date:

2021.10.27 17:49:07 +0530

15.ia-2266-21.doc wadhwa Rs.4,12,33,383/- said to be due as the outstanding amount of rent.

Since according to the respondents, some of the structures in

respect of which rent has not been paid have not been handed

over to the respondents and no amount of rent is payable till such

structures are handed over.

2. Totally there are said to be about 15 structures and 31 gala within

those 15 structures. There is however an admission that rent

payable till 31st August, 2021 is only Rs.67,73,320/-. Mr. Kanade

on behalf of the respondent states that without prejudice to the

rights and contentions of parties, he is willing to pay over the said

amount out of which a sum of Rs.54 lakhs is being paid over

today by 18 separate pay orders in favour of the applicant.

3. The request is that these amounts are equivalent to the amount of

certain dishonoured cheques and in respect of which proceedings

under the Negotiable Instruments Act are pending and may be

accepted towards the complaints under Section 138 of the

Negotiable Instrument Act. That is an aspect that can be urged

only before that appropriate court. However, without prejudice to

the rights and contentions, the applicant is willing to pay an

amount of Rs.54 lakhs today and the balance of Rs.13,73,320/-

on or before 12th November, 2021 as aforesaid.

15.ia-2266-21.doc wadhwa

4. Accordingly, Mr. Kanade submits that these payments shall be

handed over to the attorneys of the applicant during the course of

the day and the balance amount of Rs.13,73,320/- will be paid by

pay order which will be handed over to the attorney of the

applicant on or before 22nd November, 2021.

5. The above statements on the instructions of Mr. Sudeep Kumar

Saha, Director of the judgment debtor who is present in court,

are accepted as undertakings to the court.

6. S.O.t o 29th November, 2021.

(A. K. MENON, J.)

15.ia-2266-21.doc wadhwa