Visible Chits (Maharashtra) ... vs Sanjeeb Nil Sharma And Khusboo ...
2021 Latest Caselaw 12993 Bom

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                               ORDINARY ORIGINAL CIVIL JURISDICTION

                                            INTERIM APPLICATION (L) NO. 13974 OF 2021

                                                                   IN

                                             EXECUTION APPLICATION NO. 2351 OF 2015



                        Visible Chits (Maharashtra)                               ...     Applicant
                        Pvt. Ltd.
                                 vs.
                        Sanjeeb Nil Sharma and                                    ...    Respondents
                        Khusboo Sharma


                        Mr. Rajesh Patil a/w. Ms. Priti Mahajan for the Applicant / Disputant.
                        Mr. D. S. Chaudhary, Deputy Sheriff.
                                                                    CORAM : A. K. MENON, J.

DATED : 9th SEPTEMBER, 2021.

P.C. :

1. The applicant - original disputant holder of the Award has executed

the warrant of attachment through Sheriff of Mumbai. Out of the sale

proceeds of Rs.1,53,00,000/- said to have been recovered, a sum of

Rs1,50,27,000/- is said to have been paid over by Sheriff of Mumbai to the

Prothonotary and Senior Master office. Accordingly applicant today seeks

leave to withdraw Rs.33,03,628/- owing to it.

           Digitally
           signed by
           RAJESHWARI
RAJESHWARI RAMESH
RAMESH     PILLAI


PILLAI     Date:
           2021.09.09
           18:12:05
           +0530

23-IAL-13974-2021-EXA-2351-2015.odt rrpillai

2. Mr.Patil states that several attempts have been made to serve

respondent. Even at the time the Award was passed, they were absent. In

view thereof by order dated 18 th August, 2021 the applicants were directed

to serve the defendants - Judgment debtors once again including via

WhatsApp on the mobile number available with the applicant. Mr. Patil

relies upon affidavit dated 15 th August, 2021 in which it is stated that an

attempt was made to serve.

3. An additional affidavit dated 27 th August, 2021 is on record in which

applicant has stated messages were sent on the number available in the

Surety form with attachments which include Interim Application and orders

passed as set out in screen shots shown in Exhibit C. In view thereof I pass

the following order :

(i) Interim application is made absolute in terms of prayer clause (a)

(ii) Interim application is disposed.

(A. K. MENON, J.)

23-IAL-13974-2021-EXA-2351-2015.odt rrpillai