Bombay High Court
Percept Live Private Limited - ... vs Sourav Chandidas Ganguly on 18 October, 2022
Bench: B.P. Colabawalla
Digitally
LAXMI
signed by
LAXMI
SUBHASH
42 ial 1031-22..doc
SUBHASH SONTAKKE
SONTAKKE Date:
2022.10.20
17:21:12
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
+0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 1031 OF 2022
IN
GARNISHEE NOTICE (L) NO. 20243 OF 2021
IN
INTERIM APPLICATION (L) NO. 14042 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 13320 OF 2021
Precept Live Pvt. Ltd. ..Applicant/Garnishee No.3
IN THE MATTER OF
Sourav Chandidas Ganguly ..Judgment Creditor
Vs.
Percept Talent Management Ltd. & Anr. ..Judgment Debtors
And
Percept Limited & Anr. ..Respondents
Mr. Ishwar Nankani a/w H. S. Khokhawala & Bhakti Jain i/b.
Nankani & Associates, for the Judgment Creditor.
Mr. Dipesh Siroya for Respondent No.1/Garnishee Nos. 2 and 3.
Mr. Shardul Singh a/w Parag Kandhar & Saloni Shah i/b. DSK Legal
for the Judgment Debtors.
Ms Amanda Rebello & Tanishka Desai i/b Vashi & Vashi for
Shailendra Singh in IA/27538/2021.
CORAM:- B. P. COLABAWALLA,J.
DATE :- OCTOBER 18, 2022.
Laxmi page 1 of 4
42 ial 1031-22..doc
P. C.:
1. The above Interim Application is filed by Garnishee No.3
(Precept Live Pvt. Ltd.) seeking a modification of the order dated 13 th
October, 2021 to the extent of permitting the Applicant to deposit the
amount of Rs. 28,60,738/- in this Court which was due to the Judgment
Debtor No.2 in ten equal instalments and in the manner more
particularly set out in paragraph 6 of the Interim Application. This
Application was filed as far back as on 10th January, 2022. It was never
moved before this Court. Even as per the schedule set out in paragraph
6 of this Application, the amount of Rs. 28,60,738/- was to be paid by
October, 2022.
2. Today when the above matter is called out, a request is
made that the aforesaid amount of Rs. 28,60,738/- shall be paid in the
following manner:
Rs. 9,00,000/- 19th October, 2022
Rs. 6,00,000/- 30th November, 2022
Rs. 6,00,000/- 31st January, 2023
Rs. 7,60,738/- 28th February, 2023
3. The learned Advocate appearing on behalf of Garnishee
No.3 has further stated that Mr. Manuj Agarwal and Mr. Harindra Singh
both being the Executive Directors of Garnishee No.3, shall file a written
Laxmi page 2 of 4
42 ial 1031-22..doc
undertaking in this Court on or before 4 th November, 2022, stating that
no default shall be committed in paying the instalments set out above.
4. The above Interim Application is disposed of in the
aforesaid terms.
5. Considering that the next instalment is due on
30th November, 2022, place the above matter on board for compliance
on 1st December, 2022.
6. It is needless to clarify, that in the event the Award which is
being executed in the present proceeding is set aside by Calcutta High
Court under Section 34 of the Arbitration and Conciliation Act, 1996,
the present Judgment Creditor will have to bring back the amounts
which are paid to him under this order.
7. Mr. Nankani, learned Advocate appearing for the Judgment
Creditor, has on instructions, undertaken to the Court that in the event,
the Judgment Creditor is unable to successfully defend the Award
passed in his favour, the monies paid to the Judgment Creditor under
this Award shall be brought back to be paid over to the Judgment
Debtors. The said undertaking is accepted.
Laxmi page 3 of 4
42 ial 1031-22..doc
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. )
Laxmi page 4 of 4
