Vishal Kedia vs Sureshkumar S. Bafna
2023 Latest Caselaw 3339 Bom

2023:BHC-OS:2529



                                                             35-IA 307.2022 in COMEX (L) 29193.2021.doc


                    K.S. Jadhav
                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION
                                         IN ITS COMMERCIAL DIVISION

                              INTERIM APPLICATION NO. 307 OF 2022
                                              IN
                      COMMERCIAL EXECUTION APPLICATION (L) NO. 29193 OF 2021

                    Vishal Kedia                       ...Applicant/Decree Holder
                                                        Original Plaintiff
                            Versus

                    Sureshkumar S. Bafna               ...Respondent/Judgment Debtor/
                                                        Original Defendant

                                                     ----------
                    Ms. Kavisha Shah i/b India Law Alliance,                         Advocate        for
                    Applicant/Decree Holder/Original Plaintiff.
                    Mr. Vivek Kantawala a/w Mr. Amey Patil a/w Vivek M. Sharma i/b
                    M/s Vivek Kantawala & Co., Advocate for Respondent/Judgment
                    Debtor/Original Defendant.
                                                     ----------

                                                     CORAM : R.I. CHAGLA J.

                                                     DATE         : 3RD APRIL, 2023.
                    ORDER :

1. The matter has been placed for compliance by order dated 2 nd

March, 2023. By the said order, last opportunity had been given to

the Judgment Debtor to make payment of balance amount of Rs.98

Lakh together with interest at 6% p.a. from 1 st February, 2023 to the

Decree Holder and time had been extended to 31 st March, 2023. It

35-IA 307.2022 in COMEX (L) 29193.2021.doc

was made clear that in the event, the payment is not made by 31 st

March, 2023, the Decree Holder is entitled to execute the Decree by

attaching Flat No.93, Darya Mahal-A, 80 Napean Sea Road, Mumbai

- 400 006.

2. Mr. Vivek Kantawala, learned Counsel appearing for the

Judgment Debtor has today handed over two Demand Drafts, one of

Rs.98 Lakh which is balance amount and another for Rs.1,25,000/-

which is interest of 6% p.a. from 1 st February, 2023 to Ms. Kavisha

Shah, Counsel for the Decree Holder in Court. Though time was

granted till 31st March, 2023, the time is extended till today. By

handing over of the two Demand Drafts, the decree stands satisfied.

3. In view thereof, the direction to execute the Decree by

attaching Flat No.93, Darya Mahal-A, 80 Napean Sea Road, Mumbai

- 400 006, vide order dated 20th October, 2022 and pursuant to

which the Affidavit of two sons of the Judgment Debtor has been

filed, whereby they have stated on oath that they are the joint owners

of the said flat and in the event the Judgment Debtor is unable to pay

the decretal amount within the indicated date, then the said Flat can

be sold under orders passed by this Court to the extent of recovery of

the decretal amount with interest and which Affidavit dated 20 th

35-IA 307.2022 in COMEX (L) 29193.2021.doc

October, 2022 was taken on record and put in a sealed cover, is

recalled.

4. The office is directed to return the Affidavit dated 20 th

October, 2022 to the Judgment Debtor.

5. The Execution Application (L) No.29193 of 2021 is

accordingly disposed of

6. Interim Application filed therein does not survive and is

accordingly disposed of.

[R.I. CHAGLA J.]