Nishant P. Bhojwani C.A. Of ... vs Pooja Sehgal And 2 Ors
2022 Latest Caselaw 874 Bom

GANESH
SUBHASH                                                         14-CPCD(L)-1537-2022.doc
LOKHANDE
Digitally signed by
GANESH SUBHASH
LOKHANDE                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.01.25
13:42:36 +0530
                                         ORDINARY ORIGINAL CIVIL JURISDICTION

                                  CONTEMPT PETITION (L) NO. 1537 OF 2022
                                                  IN
                                 INTERIM APPLICATION (L) NO. 23406 OF 2021
                                                  IN
                             COMMERCIAL EXECUTION APPLICATION NO. 565 OF 2019
                                                  IN
                                  SUMMONS FOR JUDGMENT NO. 9 OF 2018
                                                  IN
                                COMMERCIAL SUMMARY SUIT NO. 855 OF 2017

                      Nishant P. Bhojwani
                      Constituted Attorney of
                      Parasram H. Bhojwani                            .. Petitioner
                                                                      (Org. Judgment
                                                                      Creditor/Plaintiff)
                                   Vs.
                      Pooja Sehgal                              .. Org. Respondents No.3
                                                                      (Judgment Debtor)
                      Pravinchand Sehgal                        .. Org. Respondent No.1
                                                                      (Judgment Debtor)
                      Gaurav Sehgal                             .. Org. Defendant No.2


                      S. C. Naidu a/w. Aniket Poojari & Divya Yajurvedi i/b. C. R. Naidu &
                      Co. for the Petitioner.


                                                  CORAM :- B.P.COLABAWALLA, J.

DATE :- 24th JANUARY, 2022.

(THROUGH VIDEO CONFERENCING)

Ganesh Lokhande 1/3 14-CPCD(L)-1537-2022.doc

P. C.:

1. The above Contempt Petition has been filed seeking a

declaration that Respondent No.1 herein (Judgment Debtor No.3) is

guilty of having committed aggravated contempt of the order dated

2nd December, 2021.

2. By the said order, and which was passed in the above

Execution Application, Respondent No.1 herein was directed to deposit

a sum of Rs.4,56,000/- and an amount of Rs.16,09,476/- with the

Prothonotary and Senior Master within a period of four weeks from 2 nd

December, 2021. This order was subjected to challenge before the

Hon'ble Supreme Court. The Hon'ble Supreme Court, by its order dated

4th January, 2022, dismissed the SLP. It is not in dispute that the

aforesaid amounts have not been deposited in this Court. I am therefore

prima-facie satisfied that the 1st Respondent herein has willfully violated

the order passed by this Court on 2nd December, 2021.

3. In these circumstances, the Registry is directed to issue a

show cause notice under Rule 1036 of the Bombay High Court (Original

Side) Rules, 1980 to the 1st Respondent to show cause as to why she

should not be punished under the provisions of the Contempt of Courts

Ganesh Lokhande 2/3 14-CPCD(L)-1537-2022.doc

Act, 1971. The said notice is made returnable on 28th February, 2022.

4. Place the above matter on board on 28th February, 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                         3/3