Blacksoil Realty Investment ... vs Heena Patel And 2 Ors
2022 Latest Caselaw 12954 Bom

           Digitally signed
           by LAXMI
                                                                             13 comex 2-21..doc
LAXMI    SUBHASH
         SONTAKKE
SUBHASH Date:
SONTAKKE 2022.12.14

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           14:44:54
           +0530




                                           ORDINARY ORIGINAL CIVIL JURISDICTION
                                                   IN ITS COMMERCIAL DIVISION

                                      COMMERCIAL EXECUTION APPLICATION NO. 2 OF 2021
                                                          IN
                                            COMMERCIAL SUIT NO. 1309 OF 2019

                              Blacksoil Realty Investment
                              Advisors LLP & Anr.                       ..Applicants/Plaintiffs
                                      Vs.
                              Heena Patel & Ors.                                  ..Defendants

                                                         WITH
                                         INTERIM APPLICATION (L) NO. 3278 OF 2022
                                                          IN
                                      COMMERCIAL EXECUTION APPLICATION NO. 2 OF 2021
                                                          IN
                                            COMMERCIAL SUIT NO. 1309 OF 2019

                              Heena Patel & Ors.                  ..Applicants/Org. Defendants

                              IN THE MATTER BETWEEN

                              Blacksoil Realty Investment
                              Advisors LLP & Anr.                                 ..Plaintiffs
                                      Vs.
                              Heena Patel & Ors.                                  ..Defendants


                              Mr. Bhavik Mehta i/b. Dhruve Liladhar & Co., for the Org. Plaintiff/
                              Judgment Creditor.
                              Adv. Taruna Nagpal i/b. DSK Legal for Defendants.
                              Mr. D. S. Choudhari, Dy. Sheriff is present.



                              Laxmi                                                           page 1 of 3
                                                  13 comex 2-21..doc


                                CORAM:- B. P. COLABAWALLA,J.

DATE :- DECEMBER 13, 2022.

P. C.:

1. By order dated 18th August, 2022, this Court had recorded

that as per the consent terms dated 18 th August, 2022, the proposed

auction sale of the Juhu property as well as the Execution Application

shall be postponed/kept in abeyance until 5 th December, 2022. Upon

receipt by Plaintiff No.1 of the amount of Rs. 24 crores as recorded in

clause 13 of the consent terms, the said proposed auction and sale of the

Juhu property shall stand cancelled. Further the attachment levied on

the said Juhu property shall also stand lifted/raised subject to the

Plaintiffs paying poundage of 1% (being a sum of Rs.95,18,767.12/-).

2. Today when the matter is called out, it is common ground

between the parties that the sum of Rs. 24 crores has been paid and the

poundage of 1% has been received by the office of the Sheriff of Mumbai.

In these circumstances, the proposed auction and sale of the Juhu

property hereby stands cancelled and attachment levied on the said

Juhu property also stands lifted/raised with immediate effect.

3. In these circumstances, the above Execution Application is

accordingly disposed of. No order as to costs.

Laxmi                                                             page 2 of 3
                                                13 comex 2-21..doc

4. This order will be digitally signed by the Private

Secretary/Personal Assistant of this Court. All concerned will act on

production by fax or email of a digitally signed copy of this order.

                                       ( B. P. COLABAWALLA, J. )




Laxmi                                                           page 3 of 3