Peenaz Hoshang Jilla vs Kalpavrukhsha Developer And 4 Ors
2022 Latest Caselaw 443 Bom

GANESH
SUBHASH                                                             12-IA(L)-25441-21.doc
LOKHANDE
Digitally signed by
GANESH SUBHASH
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LOKHANDE
Date: 2022.01.12
18:31:19 +0530                          ORDINARY ORIGINAL CIVIL JURISDICTION
                                             IN ITS COMMERCIAL DIVISION

                                INTERIM APPLICATION (L) NO. 25441 OF 2021
                                                 IN
                           COMMERCIAL EXECUTION APPLICATION (L) NO. 9717 OF 2020

                      Peenaz Hoshang Jilla                              .. Applicant
                      IN THE MATTER BETWEEN:
                      Peenaz Hoshang Jilla                              .. Decree Holder/
                                                                          Plaintiff
                                  Vs.
                      Kalpavruksha Developer & Ors.                     .. Judgment Debtors/
                                                                          Defendants

                      Jamshed Master a/w. Declan Fernandes i/b. Purazar Fouzdar for the
                      Applicant/Judgment Creditor.


                                                  CORAM :- B.P.COLABAWALLA, J.

                                                  DATE    :- 12th JANUARY, 2022.

                                                  (THROUGH VIDEO CONFERENCING)


                      P. C.:

1. The above Interim Application has been filed seeking

various reliefs against the Judgment Debtor. Today, at the ad-interim

stage, Mr.Master, the learned advocate appearing on behalf of the

Judgment Creditor seeks an order of freezing of the 1st Defendant's Bank

Account with Bank of Baroda, Opera House Branch. The decretal

Ganesh Lokhande 1/2 12-IA(L)-25441-21.doc

amount to be recovered is approximately Rs.2.04 Crores together with

interest @ 18% p.a. from 1st August, 2018 till the payment and/or

realisation.

2. Today, when the matter is called out, none have appeared

on behalf of the Judgment Debtors. In these circumstances, there shall

be an ad-interim relief in terms of prayer Clause (e) which reads thus:

"(e) pending the hearing and final disposal of the captioned Execution Application, this Hon'ble Court freeze/attach the bank acccount of the Defendant No.1 being account no. 04090200001860, Bank of Baroda, Opera House Branch;"

3. The Bank of Baroda is also directed to disclose the amount

lying to the credit of the aforesaid account to the Applicant/Decree

Holder within a period of two weeks from today.

4. Place the above Interim Application for further reliefs on

27th January, 2022.

5. All parties to act on an authenticated copy of this order

digitally signed by the Personal Assistant /Private Secretary/Associate

of this Court.

                                            (B. P. COLABAWALLA, J.)

Ganesh Lokhande                            2/2