Shirin Rahim Manji Kaba vs Moosabhai Gagji Khetani
2022 Latest Caselaw 714 Bom

                                                                    5.ial 29791.21.doc



         Digitally
         signed by
         LAXMI                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
LAXMI    SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
         2022.01.20
                                  ORDINARY ORIGINAL CIVIL JURISDICTION
         16:31:53

                                 INTERIM APPLICATION (L) NO. 29791 OF 2021
         +0530



                                                   IN
                                  EXECUTION APPLICATION NO. 356 OF 2021

                      Shirin Rahim Manji Kaba                                  ..Applicant

                      IN THE MATTER BETWEEN

                      Moosabhai Gagji Khetani                                  ..Claimant
                              Vs.
                      Shirin Rahim Manji Kaba                                  .. Respondent

                                                 WITH
                                 INTERIM APPLICATION (L) NO. 29900 OF 2021
                                                   IN
                                  EXECUTION APPLICATION NO. 356 OF 2021

                      Rahim Manji Kaba                                         ..Applicant

                      IN THE MATTER BETWEEN

                      Moosabhai Gagji Khetani                                  ..Claimant
                              Vs.
                      Shirin Rahim Manji Kaba                                  .. Respondent
                                                        .....
                      Shehzad Naqvi for the Applicant in IAL/29791/21.
                      Nisha Kaba with Nitesh Das i/b Hare Krishna Mishra for the Applicant
                      in IAL/29900/21.
                      Vishal Kanade i/b A. M. Rajabally for the Respondent/Decree Holder.
                                                         .....

                                                     CORAM:- B. P. COLABAWALLA,J.

DATE :- JANUARY 19, 2022.

(THROUGH VIDEO CONFERENCING) P. C.:

By order dated 12th January, 2022, a statement was

recorded on behalf of the Judgment Debtor that without prejudice to the

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5.ial 29791.21.doc

rights and contentions of the Judgment Debtor on the maintainability of

the Execution Application, the Judgment Debtor shall deposit in this

Court a sum of Rs. 5, 90,000/- on or before the next date. The said

statement was accepted as an undertaking given to this Court. The

matter was thereafter placed on board today.

2. Today when the matter was called out, it has been brought

to my attention that the aforesaid sum of Rs. 5, 90,000/- has been

deposited in this Court. I have also suggested to the parties to see if they

can come to an amicable resolution to resolve their disputes.

3. In these circumstances, it is directed that the Respondent

(Decree Holder) shall not take any further steps in execution. I must

clarify that this does not in any way result in lifting the attachment

already levied. That shall continue. However, no further steps shall be

taken by the Decree Holder in relation to the attached properties.

4. Stand over to 28th January, 2022.

5. 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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