Radheshyam R Bedia - Applicant vs Harishchandra Hasanand Lalla And ...
2022 Latest Caselaw 9866 Bom

           Digitally signed
                                                                               18 ia-2984-21..doc
           by LAXMI
LAXMI      SUBHASH
           SONTAKKE
SUBHASH    Date:
SONTAKKE   2022.09.29

                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           12:07:15
           +0530




                                              ORDINARY ORIGINAL CIVIL JURISDICTION
                                               INTERIM APPLICATION NO. 2984 OF 2021
                                                                    IN
                                              EXECUTION APPLICATION NO. 104 OF 2016


                              Radheshyam R. Bedia                                   ..Applicant
                                                                            (Judgment Creditor No.2.)
                              IN THE MATTER BETWEEN
                              Harishchandra H. Lalla & Ors.                 ..Claimants/Judg. Creditors
                                        Vs.
                              1. Orra Realtors Pvt. Ltd.                   ..Respondent/(Judg. Debtor)
                              2. State Bank of India Employees
                                 "Shree" CHSL                               ..Respondent No.2
                                       And
                              Chandra H. Lalla & Ors.                               ..Respondents
                                                                    (Judg. Creditor Nos. 1A, 1B, 3A & 3B)



                              Ms Gauri Mestha i/b. LJ Law for the Applicant.

                                                                CORAM:- B. P. COLABAWALLA,J.

DATE :- SEPTEMBER 27, 2022.

P. C.:

1. The above Application is filed by Judgment Creditor No.2 to

bring the legal heirs of Judgment Creditor Nos.1 and 3 who expired on

16th April, 2021 and 23rd June, 2021 respectively. The above Interim

Application is served on the Judgment Debtors as evidenced by the

Laxmi page 1 of 3 18 ia-2984-21..doc

affidavit of service dated 15th September, 2022. Despite service, none

have appeared on behalf of the Judgment Debtors.

2. As far as the proposed Judgment Creditors are concerned,

they have all given consent letters stating that they have no objection to

be impleaded as Co-Judgment Creditors along with Judgment Creditor

No.2 who has filed the above Application. The said letters are taken on

record and collectively marked as 'X' for identification.

3. In these circumstances, the Interim Application is allowed

in terms of prayer clauses (a), (b) and (c) which read thus:

"(a) that this Hon'ble Court be pleased to condone the delay, if any, in taking out the present Interim Application;

(b) that this Hon'ble Court be pleased to allow the Applicant to bring on record the heirs of Judgment Creditors Nos. 1 and 3 as per the schedule hereto;

(c) that this Hon'ble Court be pleased to allow the Applicant to carry out consequential amendments in the body of the Execution Application and the Interim Application;"

4. The amendment shall be carried out within a period of two

weeks from today.

Laxmi                                                                page 2 of 3
                                                 18 ia-2984-21..doc

5. The Interim Application is disposed of in the aforesaid

terms. 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. )




Laxmi                                                                page 3 of 3