Bombay High Court
Sumit S/O Mahesh Naidu vs Sonam W/O Sumit Naidu on 17 October, 2022
Bench: Avinash G. Gharote
128. WP 5908 of 2022.odt
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.5908/2022
Sumit s/o Mahesh Naidu
...Versus...
Sonam w/o Sumit Naidu
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Shri S.S. Nerkar, Advocate for petitioner
Shri V.S. Dhobe, Advocate for respondent
CORAM : AVINASH G. GHAROTE, J.
DATE : 17/10/2022
1. Heard Shri Nerkar, learned counsel for the
petitioner and Shri Dhobe, learned counsel for the respondent.
By the order dated 11/08/2021 (pg.27), the salary of the
petitioner has been attached to the extent of Rs.20,000/- p.m.
till the satisfaction of the entire decreetal amount of
Rs.10,39,000/-.
2. Shri Nerkar, learned counsel for the petitioner has
a serious grievance regarding second part of the order as it is
contended by him that the decreetal amount is not
Rs.10,39,000/- but is something less. He submits that by the
judgment dated 16/07/2014 passed in Petition No.A-
128. WP 5908 of 2022.odt
266/2013 (pg.45), the petitioner was directed to pay a sum of
Rs.7,00,000/- within three months, failing which, it would
carry interest @ 8% per annum on the unpaid amount. It also
directed refund of value of gold ornaments worth
Rs.3,25,000/-. It is submitted that in pursuance to the order
dated 10/10/2014 in Civil Application (CAF) No.2670/2014
in First Appeal No.766/2014 an amount of Rs.3,50,000/- was
deposited in this Court on 24/11/2014 and further amount of
Rs.3,50,000/- was deposited on 14/07/2015 and thus the
entire amount of Rs.7,00,000/- stood deposited in this Court,
out of which, the first deposit of Rs.3,50,000/- has been
withdrawn by the respondent. It is, therefore, submitted that
the impugned order, which ignores this position, cannot be
sustained.
3. Shri Dhobe, learned counsel for the respondent,
does not dispute, that the amount of Rs.7,00,000/- was
deposited in this Court, as indicated above, out of which, the
sum of Rs.3,50,000/- has already been withdrawn by the
respondent.
4. From the above, it is therefore apparent that since
the amount of Rs.7,00,000/- already stood deposited in this
Court, the Executing Court was not justified in holding that
the entire decreetal amount was Rs.10,39,000/-.
128. WP 5908 of 2022.odt
5. In fact, the petitioner would only be liable for
payment of interest @ 8% per annum on the amount of
Rs.7,00,000/- from 15/10/2014 till 23/11/2014 and on the
amount of Rs.3,50,000/- from 24/11/2014 till 14/07/2015
and a payment of Rs.3,25,000/-.
6. The impugned order is, therefore, hereby quashed
and set aside and it is clarified that the total amount which the
respondent is entitled to receive is Rs.3,25,000/- and the
interest @ 8% per annum on the amount of Rs.7,00,000/-
from 15/10/2014 till 23/11/2014 and on the amount of
Rs.3,50,000/- from 24/11/2014 till 14/07/2015 and the
decreetal amount would be a total of the aforesaid sums and
not Rs.10,39,000/-, as is indicated in the impugned order and
the deduction would only be restricted to the aforesaid
amount. The writ petition is according partly allowed in the
above terms. No order as to costs.
(AVINASH G. GHAROTE, J.)
Wadkar
Digitally signed bySHAILENDRA
SUKHADEORAO WADKAR
Signing Date:18.10.2022 19:58
