Bombay High Court
Parasram H Bhojwani vs Pravinchand Sehgal And 2 Ors And ... on 14 October, 2022
Bench: B.P. Colabawalla
10.ia(l).5297.2022.doc
UTKARSH
KAKASAHEB
BHALERAO IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by ORDINARY ORIGINAL CIVIL JURISDICTION
UTKARSH KAKASAHEB
BHALERAO
Date: 2022.10.17
17:37:23 +0530
INTERIM APPLICATION (L) NO. 5297 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 565 OF 2019
IN
SUMMONS FOR JUDGMENT NO. 9 OF 2018
IN
COMMERCIAL SUMMARY SUIT NO. 855 OF 2017
Parasram H. Bhojwani .. Applicant
(Judgment Creditor)
In The Matter Between:
Parasram H. Bhojwani .. Org. Plaintiff
Vs.
1)Pravinchand Sehgal (Jd-1)
2)Gaurav Sehgal
3)Pooja Sehgal (Jd-3) .. Org. Defendants
Mr. S.C. Naidu a/w Aniketh Poojari, Divya Yajurvedi, Sudesh Naidu, Pradeep
Kumar, Parshva Shahi i/b C.R. Naidu & Co. for the Applicant.
Mr. Anuj Desai a/w Yashashree Munde, Sailee Dhayalkar i/b Parinam Law
Associates for Defendant Nos. 1 & 3.
CORAM:- B. P. COLABAWALLA,J.
DATE :- OCTOBER 14, 2022.
Utkarsh page 1 of 11
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P. C.:
1. The above Interim Application is filed seeking following
reliefs :
"a) Order and Direct for levy of attachment on the following Bank
Accounts of the "Parvinchand Narindernath Sehgal (HUF)",
and further direct the Court Receiver, High Court Bombay, in
exercise its powers under Order XL Rule 1 to issue requisition
to the Branch Manager of the said Banks calling upon each of
them to forward / transmit the amount lying to the credit in the
aforesaid Bank Accounts within 3 days from the date of order:
Sr BANK (BRANCH) ACCOUNT NO. NAME OF A/C.
no HOLDER
1 0166102000012227 Parvinchand
IDBI Bank Narindernath
IFSC: IBKL0000166 Sehgal (HUF),
(GROUND FLOOR, KAILASH
DARSHAN BUILDING, SHANKAR
SHETH ROAD, KENNEDY
BRIDGE, NANA CHOWK, MUMBAI
400 007.)
2 317004010029354 Parvinchand
Union Bank Narindernath
IFSC Code : UBIN0531707 Sehgal (HUF)
Address:
SHRI SADAN, SHANTABEN
ESTATE,GOREGAON
(EAST),MUMBAI - 400 063.
Utkarsh page 2 of 11
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3 000313100006628 Parvinchand
BHARAT CO-OP. BANK (MUMBAI) Narindernath
Ltd. Sehgal (HUF)
IFSC CODE :
BCBM0000004
Address:'SHIVGIRI' PLOT NO. 11,
GROUND FLOOR,SAMANT
ESTATE,GOREGAON (EAST),
MUMBAI-400063.
4 004110100005919 Parvinchand
PUNJAB MAHARASHTRA CO-OP. Narindernath
BANK LTD. Sehgal (HUF)
IFSC CODE :
PMCB00000004
Address:
MAJAS EVERGREEN SOCIETY
ANDHERI EAST MUMBAI -93
5 000310100454590 Parvinchand
BHARAT CO-OP. BANK (MUMBAI) Narindernath
Ltd. Sehgal (HUF)
IFSC CODE :
BCBM0000004
Address:
'SHIVGIRI' PLOT NO.11, GROUND
FLOOR, SAMANT ESTATE,
GOREGAON (EAST), MUMBAI-
400063
b) Order and Direct the Court Receiver, High Court Bombay to
credit the amount transmitted by the Banks to the Account of
the Execution Application;
c) Order and Direct, under the provisions of Order XXI Rule 46 of
CPC, attachment of debt payable to Ganpati Enterprises
and/or "Parvinchand Narindernath Sehgal (HUF)" by the 3rd
Parties as set out in table A & B above, alongwith interest at
contractual rate from the date when the above amount was
received by them from Ganpati Enterprises and/or
"Parvinchand Narindernath Sehgal (HUF)" till the date of
deposit to the credit of the present Execution Application.
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d) Issue Notice to REM Enterprises, the Respondent No.1
Garnishee, herein, in exercise of powers conferred by Order
XXI Rule 46 A, calling upon it to pay into Court the debt d ue
from it to the Ganpati Enterprises in the sum of
Rs.14,48,03,581.64/- together with costs of execution or to
appear in this Hon'ble Court to show cause why it should not do
so.
e) Issue Notice to Abhirav Infra Realtor Pvt. Ltd., the Respondent
No. 2 Garnishee herein, in exercise of powers conferred by
Order XXI Rule 46 A, calling upon it to pay into Court the debt
due from it to the Ganpati Enterprises in the sum of Rs.
1,13,17,696/- together with costs of execution or to appear in
this Hon'ble Court to show cause why it should not do so.
f) Issue Notice to the Gaurav Sehgal, the Defendant No.2
Garnishee herein, in exercise of powers conferred by
Order XXI Rule 46 A, calling upon him to pay into Court the
debt due from him to the Ganpati Enterprises in the sum of
Rs.3,26,54,991.80/- together with costs of execution or to
appear in this Hon'ble Court to show cause why it should not do
so.
g) Issue Notice to the Branch Manager of Bharat Bank
Respondent No. 4 Garnishee herein, in exercise of powers
conferred by Order XXI Rule 46 A, calling upon him to pay into
Court the debt due from him to the Ganpati Enterprises in the
sum of Rs.2,27,72,477/- together with costs of execution or to
appear in this Hon'ble Court to show cause why it should not
do so.
h) Issue Notice to the Ramgopal & Company Respondent No.5
Garnishee herein, in exercise of powers conferred by
Order XXI Rule 46 A, calling upon it to pay into Court the
debt due from it to the Ganpati Enterprises in the sum of
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Rs.10,99,212/- together with costs of execution or to appear in
this Hon'ble Court to show cause why it should not do so.
i) Issue Notice to the Arjun Kapoor, the Respondent No.6
Garnishee herein, in exercise of powers conferred by Order
XXI Rule 46 A, calling upon him to pay into Court the debt due
from him to the Ganpati Enterprises in the sum of
Rs.5,25,000/- together with costs of execution or to appear in
this Hon'ble Court to show cause why it should not do so.
j) Issue Notice to the Suman Kapoor, the Respondent No.7
Garnishee herein, in exercise of powers conferred by Order
XXI Rule 46 A, calling upon her to pay into Court the debt due
from her to the Ganpati Enterprises in the sum of
Rs.3,45,000/- together with costs of execution or to appear in
this Hon'ble Court to show cause why it should not do so.
k) Issue Notice to the Dilip Kapoor, the Respondent No.8
Garnishee herein, in exercise of powers conferred by
Order XXI Rule 46 A, calling upon him to pay into Court the
debt due from him to the Ganpati Enterprises in the sum of
Rs.5,00,000/- together with costs of execution or to appear in
this Hon'ble Court to show cause why it should not do so.
l) Issue Notice to Gorkap Properties and Investment Pvt. Ltd.,
the Respondent No.9 Garnishee herein, in exercise of powers
conferred by Order XXI Rule 46 A, calling upon it to pay into
Court the debt due from it to the Ganpati Enterprises in the
sum of Rs.24,00,000/- together with costs of execution or to
appear in this Hon'ble Court to show cause why it should not
do so.
m) Issue Notice to Imliakum Ozukum, the Respondent No.10
Garnishee herein, in exercise of powers conferred by Order
XXI Rule 46 A, calling upon it to pay into Court the debt due
from it to the Ganpati Enterprises in the sum of
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Rs.29,50,000/- together with costs of execution or to appear in
this Hon'ble Court to show cause why it should not do so.
n) Issue Notice to S. M. Kapoor & Company, the Respondent
No.11 Garnishee herein, in exercise of powers conferred by
Order XXI Rule 46 A, calling upon it to pay into Court the debt
due from it to the Ganpati Enterprises in the sum of
Rs.47,840/- together with costs of execution or to appear in this
Hon'ble Court to show cause why it should not do so.
o) Issue Notice to S. K. Mishra Respondent No.12 Garnishee
herein, in exercise of powers conferred by Order XXI Rule 46
A, calling upon him to pay into Court the debt due from him to
the Ganpati Enterprises in the sum of Rs. 85,500/- together
with costs of execution or to appear in this Hon'ble Court to
show cause why it should not do so.
p) Issue Notice to M. Ather Siddiqui Respondent No.13 Garnishee
herein, in exercise of powers conferred by Order XXI Rule 46
A, calling upon him to pay into Court the debt due from him to
the Ganpati Enterprises in the sum of Rs.2,77,500/- together
with costs of execution or to appear in this Hon'ble Court to
show cause why it should not do so.
q) Issue Notice to Malini V. Seth Respondent No.14 Garnishee
herein, in exercise of powers conferred by Order XXI Rule 46
A, calling upon her to pay into Court the debt due from her to
the Ganpati Enterprises in the sum of Rs.5,00,000/- together
with costs of execution or to appear in this Hon'ble Court to
show cause why it should not do so.
r) Issue Notice to Ganapati Enterprises Respondent No.15
Garnishee herein, in exercise of powers conferred by Order
XXI Rule 46 A, calling upon it to pay into Court the debt due
from it to the Parvinchand Narindernath Sehgal (HUF) in the
sum of Rs.54,28,691.54/-, together with costs of execution or
Utkarsh page 6 of 11
10.ia(l).5297.2022.doc
to appear in this Hon'ble Court to show cause why it should not
do so.
s) Issue Notice to Shree Mahavir Textile Mills Respondent No.16
Garnishee herein, in exercise of powers conferred by
Order XXI Rule 46 A, calling upon it to pay into Court the
debt due from it to the Parvinchand Narindernath Sehgal
(HUF) in the sum of Rs.2,00,66,214.95/-, together with costs of
execution or to appear in this Hon'ble Court to show cause why
it should not do so.
t) Issue Notice to N. P. Textile Mills Respondent No.17
Garnishee herein, in exercise of powers conferred by Order
XXI Rule 46 A, calling upon it to pay into Court the debt due
from it to the Parvinchand Narindernath Sehgal (HUF) in the
sum of Rs. Rs.4,00,000/- together with costs of execution or to
appear in this Hon'ble Court to show cause why it should not
do so.
u) Order and Direct the Court Receiver, High Court Bombay to
pay the amounts, deposited in Court by the Banks in terms of
Prayer clause (a) & (b), to the Applicant;
v) Order and Direct the Prothonotary and Sr. Master to pay the
amounts, deposited in Court by the 3 rd Parties in terms of
Prayer clause (c) to (q), to the Applicant;
w) Order and Direct the Prothonotary and Sr. Master to pay the
amounts, deposited in Court by the 3 rd Parties in terms of
Prayer clause (r) to (t), to the Applicant, to the extent of the
share of JD1 in HUF;
x) Such other and further orders or grant reliefs as this Hon'ble
Court may deem fit and proper in the circumstances of the
case;
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y) Ad-interim/Interim reliefs in terms of prayers (a) to (t) hereof.
z) Costs of this Interim Application may be granted".
2. The learned counsel for the Applicant Judgment Creditors,
applies for show cause notices to be issued under Order XXI Rule 46A to
the parties/person mentioned in prayer clauses (d) to (t) above, to show
cause as to why the sum of monies set out against their respective
names together with cost of execution ought not to be deposited in this
Court towards execution of the decree and for appropriation towards
payment of the decreetal amount.
3. Heard the learned counsels for both parties and perused the
additional affidavit affirmed by Judgment Debtor No.1 dated 5 th
February, 2022 in Interim Application No.5297 of 2022
[IA(L)No.23406 of 2021] in Commercial Execution Application No.565
of 2019.
4. Judgment Debtor No.1, by the said affidavit, has disclosed
that Respondent Nos.1 to 18 owe a debt to Ganpati Enterprises, a Sole
Properietorship of Pravinchand Sehgal HUF, for the sums more
specifically set out at pages 259, 266 & 267 of the said additional
affidavit. Hence Garnishee Notice be issued to the said Respondent
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Nos.1 to 18 to show cause why the amounts set out hereinafter against
their respective names should not be deposited in Court together with
costs.
5. After hearing the parties and considering the submissions
made before me, the office is hereby directed to issue Show Cause
Notice under Order XXI Rule 46A of the CPC, 1908 returnable on 17 th
November 2022, calling upon each of the Respondents namely :-
a. REM Enterprises, the Respondent No. 1 Rs.14,48,03,581.64/-
b. Abhirav Infra Realtor Pvt. Ltd., Respondent No. 2
Rs. 1,13,17,696/-
c. Gaurav Sehgal, the Defendant No.2 Rs.3,26,54,991.80/-;
d. Branch Manager of Bharat Bank Respondent No.4
Rs.2,27,72,477/-;
e. Ramgopal & Company Respondent No.5 Rs.10,99,212/-;
f. Arjun Kapoor, the Respondent No.6 Rs.5,25,000/-;
g. Suman Kapoor, the Respondent No.7 Rs.3,45,000/-;
h. Dilip Kapoor, the Respondent No.8 Rs.5,00,000/-;
i. Gorkap Properties and Investment Pvt. Ltd., the
Respondent No.9 Rs.24,00,000/-;
j. Imliakum Ozukum, the Respondent No.10 Rs.29,50,000/-;
k. S. M. Kapoor & Company, the Respondent No.11
Rs.47,840/-;
Utkarsh page 9 of 11
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l. S. K. Mishra Respondent No.12 Rs.85,500/-;
m. M. Ather Siddiqui Respondent No.13 Rs.2,77,500/-;
n. Malini V. Seth Respondent No.14 Rs.5,00,000/- ;
o. Ganapati Enterprises Respondent No.15 Rs.54,28,691.54/-;
p. Shree Mahavir Textile Mills Respondent No.16
Rs.2,00,66,214.95/-;
q. N. P. Textile Mills Respondent No.17 Rs.4,00,000/-;
to show cause as to why they ought not to pay into Court the aforestated
amounts before the returnable date, by filing an affidavit, failing which
the Respondents are required to appear before this Court on 17 th
November, 2022 at 10.30 a.m. in the forenoon either in person or by an
advocate entitled to practice in this Court to show cause why the said
Respondents should not be ordered to do so. In default, an order for
payment of the aforesaid amounts will be passed against the
Respondents.
6. Copies of show cause notices be also served upon Judgment
Debtor No. 1 as per Rule 345 of the Bombay High Court (Original Side)
Rules.
7. The order dated 13th April, 2022 (corrected on 21st April,
2022) will continue to operate pending the Execution Application.
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Further order in terms of prayer clause (a) & (b) shall be considered
after the above garnishees respond to their respective show cause
notices.
8. It is needless to clarify that this order is passed without
prejudice to the rights and contentions of both parties and including the
argument of Judgment Debtor No. 1 that M/s. Ganpati Enterprises is
not a Sole Proprietary concern of Judgment Debtor No. 1 but is a Sole
Proprietary concern of Pravinchand Sehgal HUF in which Judgment
Debtor No. 1 has only a 1/3rd share.
9. List the above Interim Application on 17th November, 2022.
10. 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 11 of 11
