Parasram H Bhojwani vs Pravinchand Sehgal And 2 Ors
2022 Latest Caselaw 7202 Bom

           Digitally signed
           by LAXMI
           SUBHASH
                                                                           14 grnl 7466-22..doc
LAXMI      SONTAKKE
SUBHASH    Date:
SONTAKKE   2022.07.26
           17:24:09


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           +0530




                                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                               GARNISHEE NOTICE (L) NO. 7466 OF 2022
                                                                IN
                                               INTERIM APPLICATION NO. 1365 OF 2020
                                                                IN
                                                CHAMBER SUMMONS NO. 983 OF 2019
                                                                IN
                                      COMMERCIAL EXECUTION APPLICATION NO. 565 OF 2019
                                                                IN
                                               SUMMONS FOR JUDGMENT NO. 9 OF 2018
                                                                IN
                                             COMMERCIAL SUMMARY SUIT NO. 855 OF 2017


                              Parasram H. Bhojwani                               ..Applicant
                                                                         Judg. Creditor/Org. Plaintiff
                                        Vs.
                              Pravinchand Sehgal & Ors.              ..Judg. Debtors/Org. Defendants
                                       And
                              Diksha Sethi & Ors.                                ..Respondents


                              Mr. S. C. Naidu a/w Aniketh Poojari, Divya Yajurvedi, Sudesh Naidu
                              & Pradeep Kumar i/b. C. R. Naidu & Co., for the Applicant.
                              Mr. Anuj Desai a/w Yashashree Munde, Sailee Dhayalkar i/b. Parinam
                              Law Associates for Respondent No. 1 and 3.
                              Mr. Anuj Desai, Simran Grover i/b. A & P Partners for Respondent
                              No.2.
                              Mr. Sulaiman Bhimani i/b. The Suits for M/s. Mayank Chemplast.

                              Laxmi                                                           page 1 of 3
                                              14 grnl 7466-22..doc



Mr. Gaurav Sehgal, Respondent No.2 is present.

                               CORAM:- B. P. COLABAWALLA,J.

DATE :- JULY 26, 2022.

P. C.:

1. The above Garnishee Notice was issued to Mayank

Chemplast C/o Mayank Chemiplast Pvt. Ltd calling upon them to either

deposit in this Court a sum of Rs. 1,26,400/- or to show cause why the

said amount ought not to be paid in this Court.

2. Mayank Chemplast has filed a detailed affidavit in reply

dated 9th May, 2022 evidencing that this entire amount of Rs.

1,26,400/- has already been paid to the Judgment Creditor.

3. Faced with this situation, Mr. Desai, the learned Advocate

appearing on behalf of the Judgment Debtors, took instructions from

Respondent No.2 (Gaurav Sehgal) who is present in Court today and

stated that the said amount of Rs. 1,26,400/- shall be paid by

Respondent No.2 (Gaurav Sehgal) to the Judgment Creditor/Applicant

on or before 12th August, 2022. In view of the aforesaid statement and

which is accepted as an undertaking given to this Court, no further

orders need to be passed in the above Garnishee Notice and Mayank

Chemplast is discharged from complying with the said notice.

Laxmi                                                           page 2 of 3
                                                14 grnl 7466-22..doc

4. The above Garnishee Notice is accordingly disposed of. No

order as to costs.

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. )




Laxmi                                                             page 3 of 3