Mahendra Mohanlal Jain vs Arvind Vasantlal Sheth And Anr
2022 Latest Caselaw 10299 Bom

           Digitally signed
                                                                                6 ia 546-19..doc
           by LAXMI
LAXMI      SUBHASH
SUBHASH    SONTAKKE
SONTAKKE   Date:
           2022.10.06
           14:19:18 +0530
                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               ORDINARY ORIGINAL CIVIL JURISDICTION
                                                INTERIM APPLICATION NO. 546 OF 2019
                                                                     IN
                                      COMMERCIAL EXECUTION APPLICATION NO. 1375 OF 2018


                              Mahendra Mohanlal Jain                         ..Applicant/Org. Claimant
                                                                               (Judgment Creditor)
                                         Vs.
                              Arvind Vasantlal Sheth & Anr.                     ..Org. Respondents
                                                                                (Judgment Debtors)


                              Mr. Shikhar Khandelwal i/b. Kiran Jain & Co., for the Applicant.
                              Mr. Anand Seth, son of Respondent No.1 is present.


                                                                 CORAM:- B. P. COLABAWALLA,J.

DATE :- OCTOBER 06, 2022.

P. C.:

1. The above Interim Application is filed seeking to amend the

above Execution Application and two Warrants of Attachment dated 31 st

July, 2018 issued under Order XXI Rule 45 and Rule 54 of the Code of

Civil Procedure, 1908 as per the Schedule annexed at Exhibit-B to the

Interim Application.

2. Mr. Anand Sheth has appeared in person for and on behalf

of Respondent No.1 who is his father. He has stated that his father is 77

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years old and is unable to attend the Court Proceedings. He has further

stated that he has the authority to speak on behalf of his father and that

the Respondents have no objection if the above Interim Application

seeking amendments are allowed.

3. In these circumstances, the above Interim Application is

allowed in terms of prayer clause (a) which reads thus:

"(a) that the Applicant/Judgment Creditor be permitted to amend the above Execution Application and two Warrants of attachment orders dated 31/7/2018 issued under Order XXI Rule 43 and 54 of the Code of Civil Procedure, 1908 as per Schedule annexed hereto and marked Exhibit B"

4. The learned Prothonotary and Senior Master and/or the

Registry is directed to extend the returnable date of the two Warrants of

Attachment dated 31st July, 2018 issued under Order XXI Rule 45 and

Rule 54 of the Code of Civil Procedure, 1908 by a period of one year

from today.

5. The Interim Application is accordingly disposed of. No

order as to costs.

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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. )




Laxmi                                                               page 3 of 3