Bombay High Court
Sourav Chandidas Ganguly vs Percept Talent Management Ltd. ... on 19 July, 2022
Bench: B.P. Colabawalla
41.ia.2605.22..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
ANJALI
IN ITS COMMERCIAL DIVISION
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2022.07.20
ASWALE 14:33:50 +0530
INTERIM APPLICATION NO. 2605 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION (L)NO.13320 OF
2021
Sourav C. Ganguly ..Applicant/Judgment
Creditor
Vs.
1.Percept Talent Management Ltd
2.Percept D Mark (India) Ltd ..Judgment Debtors
And
Percept Limited & Ors ..Respondents
Mr.Ishwar Nankani a/w H. S. Khokhawala i/b Nankani &
Associates, for the Applicant.
Mr.Mayur Khandeparkar i/b Dipesh Siroya, for Respondent No.1.
Mr.Akash Rebello a/w Nadeem Sharma, Hubab Sayyed, for
Respondent No.2.
Mr. Parag Kandhar a/w Saloni Shahi i/b DSK Legal, for the
Judgment Debtor.
Mr. Hrushi Narvekar a/w Ms.Amanda Rebello, Tanishka Desai i/b
Vashi & Vashi, for Shailendra Singh.
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41.ia.2605.22..doc
Mr. Rohit Verekar, for Respondent No.3.(for Brandon Cecin
D'Souza)
Mr. Mayur Khandeparkar, Parag Khandhar i/b DSK Legal for
Harrindar Pal Singh (Director of Respondent No.3).
CORAM:- B. P. COLABAWALLA,J.
DATE :- JULY 19, 2022.
P. C.:
By order dated 11th January, 2022, this Court had inter alia
directed Respondent No.1(Percept Limited) to hand over a copy of each
of the Business Transfer Agreements dated 29 th February, 2008 entered
into by Respondent No.1 (Percept Limited) with Judgment Debtor No.1
(Percept Talent Management Limited) and Judgment Debtor No.2
(Percept D Mark [India] Ltd)
2 On 21st January, 2022, a grievance was made that the
aforesaid Business Transfer Agreements have not been handed over to
the Applicant despite the specific directions. On that date, 1 st
Respondent filed an affidavit dated 18th January, 2022 wherein it was
stated that they are unable to comply with the aforesaid direction
because there was a massive fire on 25th June, 2020 in the building
which houses the registered office of the 1 st Respondent. Thereafter, an
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41.ia.2605.22..doc
affidavit dated 9th February, 2022 was filed by Respondent No.1
(Percept Limited) wherein it is stated that Respondent No.1 has filed a
copy of the Business Transfer Agreements at the relevant time before
the Income Tax Authorities, including the Income Tax Appellate
Authority-3 at Mumbai. In light of this affidavit, the learned counsel
appearing on behalf of the Applicant submitted that the Income Tax
Authorities may be directed to furnish a copy of the Business Transfer
Agreements entered into by Respondent No.1 with Judgment Debtor
Nos.1 and 2 respectively, both dated 29th February, 2008.
3 Mr. Khandeparkar, the learned counsel appearing on behalf
of Respondent No.1, stated on instructions that Respondent No.1 has no
objection, if the Income Tax Authorities are directed to furnish a copy of
the Business Transfer Agreements dated 29th February, 2008.
4 Considering the stand of the parties, the Income Tax
Authorities are directed to furnish to this Court the Business Transfer
Agreement entered into between Respondent No.1 (Percept Limited)
and Percept Talent Management Limited (Judgment Debtor No.1) as
well as the Business Transfer Agreement dated 29 th February, 2008
entered into between Percept Limited (Respondent No.1) and Percept
D Mark (India) Ltd (Judgment Debtor No.2). The Income Tax
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Authorities are requested to furnish these documents, if in their
possession, within a period of four weeks from today.
5 Stand over to 23rd August, 2022.
6 Mr. Nankani also makes a grievance that as per the order
dated 21st December, 2021, Tiger Sports Marketing Pvt Ltd was directed
to deposit in this Court a sum of Rs. 62.50 lakhs. The said order has not
been complied with till date. The learned counsel appearing on behalf
of Tiger Sports Marketing Pvt Ltd has stated that they have challenged
the order dated 21st December, 2021 before the Hon'ble Supreme Court
by filing an SLP in the month of February 2022. Since the order is
challenged, the same is not complied with, was the submission.
7 I am afraid this argument holds no substance. Merely by
filing an SLP does not absolve Tiger Sports Marketing Pvt Ltd from
complying with the order passed by this Court on 21 st December, 2021.
Considering that I am now keeping this matter on 23 rd August, 2022, it
is made clear that if Tiger Sports Marketing Pvt Ltd does not obtain
any stay from the Hon'ble Supreme Court, it shall have to deposit the
sum of Rs. 62.50 lakhs in this Court, failing which the concerned
persons of Tiger Sports Marketing Pvt Ltd shall be hauled up for
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contempt.
8 Stand over to 23rd August. 2022.
9 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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