Bombay High Court
Amin Abdul Azia Rajwani vs Tazaldin Sadruddin Nanavati And ... on 10 April, 2023
Bench: R. I. Chagla
19.RPL-38895-22.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
REVIEW PETITION (L) NO. 38895 OF 2022
IN
SUIT NO. 1714 OF 1985
WITH
EXECUTION APPLICATION NO. 836 OF 2022
Amin Abdul Aziz Rajwani ...Petitioner
Versus
Tazaldin Sadruddin Nanavati & Ors. ...Respondents
WITH
NOTICE (L) NO. 22300 OF 2022
IN
EXECUTION APPLICATION NO. 836 OF 2022
WITH
INTERIM APPLICATION (L) NO. 40341 OF 2022
WITH
INTERIM APPLICATION (L) NO. 40346 OF 2022
IN
REVIEW PETITION (L) NO. 38895 OF 2022
----------
Mr. Cyrus Ardeshir i/b Kunal Bhanage for the Applicant/Orig. Decree
Holder.
Mr. Kunal Mehta a/w Mr. Nirav Shroff i/by Nirav Shroff for the
Petitioner in RPL/38895 OF 2022.
Ms. Simantini Mohite a/w Ms. Dimple Asrani i/by Ms. Janani
Swaminathan & Ms. Dimple Asrani for Respondent Nos. 25 to 30 in
RPL/38895 OF 2022.
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19.RPL-38895-22.doc
Mr. Ziyad Madon, Mr. Shailesh Mahimtura i/b Mahimtura &
Company for the Respondent Nos. 31 to 36 in RPL/38895 OF 2022.
CORAM : R.I. CHAGLA J
DATE : 10 APRIL 2023
ORDER :
1 The matter has been placed for speaking to the minutes
of order dated 31.03.2023. Mr. Ardeshir, learned Counsel appearing
for the Applicant has submitted that in paragraph 5 of the said order
where it is mentioned that "the Execution Application No.836 of
2022 in Suit No.1714 of 1985 is made absolute", it should read as
"the Execution Application No.836 of 2022 in Suit No.1714 of 1985 is
allowed to be kept pending". He has submitted that it is necessary to
insert in paragraph 5 as under :
"Notice (L) No. 22300 of 2022 has been satisfied and
accordingly the same stands discharged. The Ld.
Prothonotary & Senior Master is directed to execute on
behalf of the Judgment Creditors the Deed of Conveyance,
as finalized vide Order dated 13th December 2022 and copy
whereof had been attached to Notice (L) No. 22300 of
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19.RPL-38895-22.doc
2022. Should any directions or clarifications be required in
implementation of the orders passed in Execution
Application No.836 of 2022, liberty to apply is granted."
2 Further he has submitted that in paragraph 6 of the said
order the words "and Execution Application" is required to be
deleted.
3 Having considered the submission of Mr. Ardheshir, as
well as taking note of the objection raised by the Department with
regard to execution of the deed of conveyance as the Execution
Application by the said order has been made absolute, the said order
dated 31.03.2023 requires to be modified.
4 Accordingly, in paragraph 5 of the said order, the words
"Execution Application No.836 of 2022 in Suit No.1714 of 1985 is
made absolute" is deleted and the words "the Execution Application
No.836 of 2022 in Suit No.1714 of 1985 is kept pending" shall be
added.
5 At the end of paragraph 5, the following shall be added :
"Notice (L) No. 22300 of 2022 has been satisfied and
accordingly the same stands discharged. The Ld.
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19.RPL-38895-22.doc
Prothonotary & Senior Master is directed to execute on
behalf of the Judgment Creditors the Deed of Conveyance,
as finalized vide Order dated 13th December 2022 and copy
whereof had been attached to Notice (L) No. 22300 of
2022. Should any directions or clarifications be required in
implementation of the orders passed in Execution
Application No.836 of 2022, liberty to apply is granted."
6 In paragraph 6, the words "and Execution Application"
stands deleted.
7 The said order dated 31.03.2023 is accordingly modified
in the above terms.
[R.I. CHAGLA J.]
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