Bombay High Court
Kotak Mahindra Bank Ltd vs Dharmit Shah on 21 June, 2022
Bench: B.P. Colabawalla
40.ia(l).15059.2022.doc
GANESH
SUBHASH
LOKHANDE IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
GANESH SUBHASH
LOKHANDE
Date: 2022.06.23
15:06:57 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 15059 OF 2022
IN
EXECUTION APPLICATION NO. 156 OF 2021
Kotak Mahindra Bank Ltd. .. Applicant/Claimants
IN THE MATTER BETWEEN
Kotak Mahindra Bank Ltd. .. Claimants
Vs
Dharmit Shah ..Respondent/Judgment Debtor
Vishal Tambat for the Applicant.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JUNE 21, 2022.
P. C.:
1. The above Interim Application is filed seeking to execute
the Arbitral Award dated 7th January, 2019. In the Execution
Application, a warrant of attachment of movable property (as per Order
21 Rule 43 of the Code of Civil Procedure, 1908) was issued against
Judgment Debtor on 19th April, 2021.
2. It is the case of the Applicant/Bank that after issuance of
the said warrant, the Bailiff on 17 th November, 2021 visited the address
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40.ia(l).15059.2022.doc
of the Judgment Debtor for enforcement of the same. The Judgment
Debtor was not present at the home. His mother Pragna Shah was
present at the house but she did not allow the Bailiff to enter the said
premises. The report of the Bailiff in that regard is also annexed at page
No. 9 of the Interim Application. It is in these circumstances that the
reliefs more particularly set out in the Interim Application are sought.
3. The above Interim Application is served on the Judgment
Debtor and the affidavit of service dated 16 th June, 2022 evidencing
service on the Judgment Debtor is also on record. Despite service, none
have been appeared on behalf of the Judgment Debtor.
4. Having heard the learned counsel appearing on behalf of
the Applicant/Bank and after perusing the Interim Application I am of
the opinion that in order to allow the bailiff to execute the warrant of
attachment, the prayers sought in this Interim Application have to be
allowed.
5. In these circumstances, the Interim Application is allowed
in terms of prayer clauses (a) and (b) which read thus:
(a) Be please to grant police aid and protection to execute
the attachment warrant dated 19.04.2021 against the
Judgment Debtor under order 21 rule 42 of Code of
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40.ia(l).15059.2022.doc
Civil Procedure, 1908.
(b) Be please that the returnable date of warrant of
Attachment of Moveable Property of Respondent
issued under Order XXI Rule 43 of Civil Procedure
Code, 1908 on 19.04.2021, is HEREBY EXTENDED
from 19.04.2022 to 19.04.2023
6. The necessary amendments shall be carried out in the
warrant of attachment indicating the extended returnable date. It is
clarified that the reference to Order 21 Rule 42 in prayer Clause (a),
shall actually be read as Order 21 Rule 43.
7. The Senior Inspector of the local police station is directed to
give all assistance to the Bailiff (including deputing adequate number of
police personnel) to ensure that the Bailiff is allowed to enforce the
warrant of attachment. The Interim Application is accordingly disposed
of. There shall be no order as to costs.
8. 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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