Bombay High Court
Nishant P. Bhojwani C.A. Of ... vs Pooja Sehgal And 2 Ors on 15 June, 2022
Bench: B.P. Colabawalla
12 cpcdl 1537-22..doc
Digitally signed
by LAXMI
LAXMI SUBHASH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE
SUBHASH Date:
SONTAKKE 2022.06.16
15:51:15
+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 ..Petitioner
(Org. Judg. Creditor/Plaintiff)
Vs.
1. Pooja Sehgal ..Org. Respondent No.3
(Judg. Debtor)
2. Pravinchand Sehgal ..Org. Respondent No.1
(Judg. Debtor)
3. Gaurav Sehgal ..Org. Respondent No.2.
(Judg. Debtor)
Mr. S. C. Naidu a/w Divya Yajurvedi & Pradeep Kumar i/b. C. R.
Naidu & Co., for the Petitioner.
Ms Yashashree Munde a/w Sailee Dhayalkar i/b. Parinam Law
Associates for Judgment Debtor No.1.
Mr. Zalak Mody i/b. A & P. Partners for Respondent Org. Respondent
No.2.
Mr. Abhishek Sawant a/w Sulaiman Bhimani & Ms. Sharon Fernandes
i/b. The Law Suits for Garnishee-Mayank Chemiplast.
Laxmi page 1 of 3
12 cpcdl 1537-22..doc
CORAM:- B. P. COLABAWALLA,J.
DATE :- JUNE 15, 2022.
P. C.:
1. The above Contempt Petition has been placed on board
today for compliance. By order dated 13 th April, 2022, Respondent No.1
was to make payment of Rs. 20,65,476/- in two installments. The first
installment of Rs. 10,65,476/- was payable on or before 27th April, 2022
and the second installment of Rs. 10,00,000/- was to be paid on or
before 18th May, 2022.
2. Over and above this, Respondent No.1 was to file a written
undertaking in this Court (within a period of one week from 13 th April,
2022) stating that the amount of Rs. 10,65,476/- as well as the amount
of Rs. 10,00,000/- shall be paid by Respondent No.1 to the Petitioner on
or before 27th April, 2022 and 18th May, 2022 respectively.
3. Today when the matter is called out, I am informed that
both the aforesaid amounts have been duly paid. Respondent No.1 has
also filed an affidavit dated 14th June, 2022 wherein she has stated on
oath that the amount of Rs. 10,65,476/- was paid on or before 27 th April,
2022 and the sum of Rs. 10,00,000/- was paid on or before 18 th May,
Laxmi page 2 of 3
12 cpcdl 1537-22..doc
2022. Additionally, in the said affidavit, she has tendered an
unconditional apology for non compliance of the order dated 2 nd
December, 2021. She has stated that she was initially unable to comply
with the said order for reasons beyond her control and that there was
never any intention to willfully disobey the order of this Court.
4. Considering that the entire amount has now been paid and
an unconditional apology has also been tendered to the Court, the show
cause notice issued by this Court to Respondent No.1 by order dated 24 th
January, 2022 stands discharged and the Contempt Petition 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
