Mayur Mangaldas Kothari vs Estate Of Late Neeraj Vinayak Vora ...
2022 Latest Caselaw 1401 Bom

                                                                        8. IA 2423-21.doc

        Digitally
        signed by
        LAXMI
LAXMI    SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
        2022.02.10
        15:20:59
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
        +0530

                                   ORDINARY ORIGINAL CIVIL JURISDICTION
                                          IN ITS COMMERCIAL DIVISION
                                  INTERIM APPLICATION NO. 2423 OF 2021
                                                  IN
                              COMMERCIAL EXECUTION APPLICATION NO. 7 OF 2022

                     Mayur Mangaldas Kothari                        ..Applicant/Decree Holder
                             Vs.
                     Estate of Late Neeraj Vinayak
                     Vora & Anr.                                 ..Respondents/Judg. Debtors

                                                     ....
                     Mr. Karl Tamboly with Ishan Paradkar i/b Nityosh Suneel & Associates
                     for the Applicant.
                                                     ....

                                                       CORAM:- B. P. COLABAWALLA,J.

DATE :- FEBRUARY 9, 2022.

P. C.:

1. The Interim Application is filed seeking the following

reliefs:

"a) the Hon'ble Court may be pleased to allow execution application at Exhibit D, against the estate of the deceased Mr. Neeraj Vora, more particularly described in the Schedule hereunder, to the extent of Rs. 02,05,00,000/- the decretal amount against the said Flat described in the Schedule hereunder::

i) By issuing Warrant of Attachment under Order XXI Rule 43 and 54 of C.P.C. 1908,

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8. IA 2423-21.doc

ii) By issuing Warrant of Sale under Order XXI, Rule 64 of C.P.C. 1908,

b) pending the hearing and final disposal of this Interim application, the Hon'ble Court may be pleased to prohibit the Judgment Debtor from transferring and or creaing any charge or third party rights in any manner on the said flat."

2. When this matter had come on 25 th October, 2021, this

Court after being satisfied that the Judgment Debtors were served,

passed an ad interim order in terms of prayer clause (b) reproduced

above.

3. Today the matter is on board because the department has

taken an objection that since the above Interim Application is pending,

they would not proceed with the attachment of the properties of the

Judgment Debtors.

4. I must note that notice has also been given to the Judgment

Debtors about today's hearing. Despite this, none have appeared and no

affidavit in reply is filed controverting the averments in the Interim

Application. Admittedly, there is a decree in favour of the Applicant in

the sum of Rs. 2,05,00,000/- which is unsatisfied till date.

5. I therefore, have no hesitation in allowing the Interim

Application in terms of prayer clauses (a) and (b) reproduced above.

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                                                   8. IA 2423-21.doc

6. In these circumstances, the Interim Application is allowed

in terms of prayer clauses (a) and (b).

7. The Interim Application is disposed of accordingly. No

order as to costs.

8. 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. )




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