Mayur Mangaldas Kothari vs Estate Of Late Neeraj Vinayak Vora ...
2022 Latest Caselaw 5106 Bom

                                                                                    23.ia.1959.22..doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
                                             INTERIM APPLICATION NO. 1959 OF 2022
         Digitally signed by
ANJALI   ANJALI TUSHAR
TUSHAR   ASWALE
         Date: 2022.06.08
ASWALE   18:50:11 +0530

                                                                       IN
                                  COMMERCIAL EXECUTION APPLICATION NO. 7 OF 2022
                                                                       IN
                                             COMM. SUMMARY SUIT NO. 1148 OF 2019



                               Mayur Mangaldas Kothari                         ..Decree Holder/Plaintiff
                                           Vs.
                               Estate of late Neeraj V. Vora
                               through heirs and legal representatives         ..Defendants/Judgment
                                                                                 Debtor




                               Mr.Karl Tamboly a/w Ruchi Turakhia i/b Nityoah Suneel &
                               Associates, for the Plaintiff/Decree Holder.




                                                                    CORAM:- B. P. COLABAWALLA,J.

DATE :- JUNE 7, 2022.

P. C.:

The above Interim Application is filed seeking the following

reliefs:-

                               Aswale                                                                    page 1 of 3
                                                     23.ia.1959.22..doc

"a)That the attached flat No. 701, 7 th floor with adjoining terrace Chamunda Niwas. "B" Wing Tagore Road Santacruz (West) Mumbai- 400054 together with articles lying therein and the attached parking space, physical possession be taken once again by affixing the duplicate copy of the said warrant of attachment on the conspicuous part of the suit premises by Bailiff and be sold under directions of the Hon'ble Court and sale proceeds to the extent of Rs. 2,05,00,000/- (Rupees Two Crores and five lakhs only) be handed over to me- the decree holder and balance sale proceeds if any be deposited with the Prothonotary & Senior Master.

(b)That if any one obstructs the execution, the Sheriff's office and the Bailiff may be empowered to take Police help for executing the decree forcefully and with Police help."

2 Mr. Tamboly, the learned counsel appearing on behalf of

the Plaintiff has brought to my attention two affidavits of service; both

dated 5th April, 2022 evidencing service of the above application on the

Judgment Debtors as well as on the so called obstructionists who are the

alleged nephew of the deceased as well as the alleged mother of the

nephew of the deceased.

3 Pursuant to the order dated 9 th February, 2022 passed by

this Court, a Warrant of Attachment was issued on 17 th March, 2022 on

Flat No.701, 7th floor with adjoining terrace Chamunda Niwas, "B" Wing

Tagore Road, Santacruz (West) Mumbai- 400054. Now that the

Warrant of Attachment is issued, the Judgment Debtors seek sale of this

property towards satisfaction of their money decree. Despite service of

Aswale page 2 of 3

23.ia.1959.22..doc

this application, none have appeared on behalf of the Judgment Debtors

or the so called obstructionists.

4 Having perused the application and having heard

Mr. Tamboly, I do not find any impediment in granting the reliefs

sought in the application. It is accordingly allowed in terms of prayer

clauses (a) and (b) reproduced above.

5 The Interim Application is accordingly disposed of. No

order as to costs.

6 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. )




Aswale                                                                  page 3 of 3