Mahendra Mohanlal Jain vs Arvind Vasantlal Sheth And Anr
2022 Latest Caselaw 10537 Bom

                                                                        5-SPK-IA-546-2019.doc

         Digitally
         signed by
         GANESH
GANESH   SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         2022.10.12
         10:31:00
         +0530                          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)



                      Shikhar Khandelwal i/b. Kiran Jain & Co., for the Applicant.



                                                          CORAM:- B. P. COLABAWALLA,J.

DATE :- 11th OCTOBER, 2022.

P. C.:

1. The above Application is made for Speaking to the Minutes

of the order dated 6th October, 2022.

2. In paragraph 1 as well as in paragraph 4 of the order dated

6th October, 2022, the words "Rule 45" shall be substituted with the

Ganesh Lokhande page 1 of 4 5-SPK-IA-546-2019.doc

words "Rule 43". No other corrections is sought. The correction shall be

carried out in the original order as well as in the copy uploaded on the

server.

3. This order will be digitally signed by the 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. )

The corrected order reads thus:

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.

Ganesh Lokhande page 2 of 4 5-SPK-IA-546-2019.doc

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 43 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

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,

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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 43 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.

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. )




Ganesh Lokhande                                                page 4 of 4