Bombay High Court
Mahesh Dedraj Saini Or Mali vs Rajendra Tormal Saini Or Mali And 5 ... on 16 June, 2022
Bench: B.P. Colabawalla
2.ia(l).17210.2022.doc
GANESH
SUBHASH
LOKHANDE IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
GANESH SUBHASH
LOKHANDE
Date: 2022.06.18
10:34:07 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 17210 OF 2022
IN
COMM. EXECUTION APPLICATION NO. 24 OF 2022
Mr. Mahesh Dedraj Saini/Mali .. Applicant/
(Org. Claimant No. 3)
IN THE MATTER BETWEEN
Mr. Rajendra Tormal Saini/Mali & Ors. .. Decree Holder
Vs.
Mr. Bhupatbhai Ravjibhai Lukhi & Ors. .. Judgment Debtor
(Org. Respondents)
AND
Mr. Basant Tormal Saini/Mali .. Original Claimant No. 1C
Santosh Kumar Dube i/b M/s. Law Competere Consultants for the Applicant.
Deepak Jamsandekar for the Respondent.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JUNE 16, 2022.
P. C.:
1. The above Interim Application has been filed by the
Applicant to allow him to replace prayer clause (g) in the above
Execution Application. This amendment is necessitated because break
up of the interest component was not set out in prayer clause (g) and the
total amount due namely the principle amount together with interest
Utkarsh page 1 of 3
2.ia(l).17210.2022.doc
was also not mentioned.
2. Having heard the learned counsel appearing on behalf of
the Applicant as well as the Respondent, and after perusing the Interim
Application I do not find any impediment in allowing the same.
3. In these circumstances, the Interim Application is allowed
in terms of prayer clauses (a), (b), (c) & (d) which read thus:
(a) That the applicant be allowed to replace the prayer clause G in
place of Prayer mentioned in above stated Commercial Execution
Application Clause 'G':
G Amount of Principal Amount
arbitration of claim of Rs. 3,53,79,180
along with interest 6% p.a. from
as per decree or any 04.12.2018.
other relief granted 04.12.2018 to
by the decree 03.12.2019 =
21,22,750.8
(12 Months)
04.12.2019 to
03.12.2020 =
21,22,750.8
(12 Months)
04.12.2020 to
03/06/2021 =
10,61,375.4
(6 Months),
Total Interest Rs.
53,06,877 till
03/06/2021
Total Rs.
3,53,79,780.00 +
53,06,877.00 =
4,06,86,657.00
further interest on
Rs. 3,53,79,180.00
@ 6% p.a. from
04/06/2021 till the
realization of
Payment.
Copy of Schedule Amendment is annexed herewith and marked
Utkarsh page 2 of 3
2.ia(l).17210.2022.doc
schedule 'A';
(b) That the Applicant be allowed to carry out the amendment to
the Execution Application and all other proceeding as per Schedule - I.
(c) That the present applicant be allowed to amend any
circumstantial amendment if require;
(d) That the delay, if any, in filing the present Interim Application
be condoned;"
4. The amendments shall be carried out within a period of 2
weeks from today and the amended Execution Application shall be
served on the advocate for the Respondent within a period of 2 weeks
thereafter.
5. The Interim Application is accordingly disposed of. There
shall be 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. )
Utkarsh page 3 of 3
