Vipul Gala vs Allied Construction Co. And ...
2023 Latest Caselaw 3751 Bom

2023:BHC-OS:3117



                                                                 25.EXA 100.2018 and EXA 101.2018.doc


                    K.S. Jadhav

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    ORDINARY ORIGINAL CIVIL JURISDICTION

                                     EXECUTION APPLICATION NO.100 OF 2018

                    Vipul Shantilal Gala                         ...Original Claimant /
                                                                  Judgment Creditor
                            Versus

                    Allied Construction Company & Anr.,          ...Original Respondents /
                                                                  Judgment Debtors

                                                     AND
                                     EXECUTION APPLICATION NO.101 OF 2018

                    Vipul Gala and Anr.,                         ...Original Claimant /
                                                                  Judgment Creditor
                            Versus

                    Allied Construction Company & Anr.,          ...Original Respondents /
                                                                  Judgment Debtors

                                                    ----------
                    M.P. Vora i/b Pramod Kumar & Co., Advocate for Original Claimant.
                    Mr. Vivek Patil a/w Mr. Devesh Sawant a/w Nitiraj Shirke i/b Vivek
                    Patil & Associates, Advocates for Respondents.
                                                    ----------

                                                   CORAM : R.I. CHAGLA J.

                                                    DATE         : 17TH APRIL, 2023.
                    ORDER :

1. Execution Application No.101 of 2018 is not on board,

taken on board.

25.EXA 100.2018 and EXA 101.2018.doc

2. The learned Counsel for the Respondents / Judgment

Debtors states that the order dated 23rd March, 2023 in so far as the

payment to the Society is concerned, has been complied with by the

Judgment Debtors. He has tendered the statement of Society

Maintenance Charges Bills and Bank Statement showing payment

made by two Cheques and NEFT to the Society towards their dues

which is taken on record and marked 'X' for identification.

3. In so far as issuance of the Sheriff's 1% poundage is

concerned, this has already been kept open for the Judgment

Creditor to make claim for reimbursement of this amount against the

Judgment Debtors. However, the Judgment Creditor was directed to

satisfy the payment which is mentioned in Paragraphs 5 and 6 of the

said order dated 23rd March, 2023. Further, it has been directed in

the said order that the amount deposited by the Judgment Creditor,

lying with the office of Sheriff of Mumbai, shall be appropriated

towards the charges for valuation. This left a balance amount of

Rs.39,300/- payable towards the Valuation charges which has been

paid by the Judgment Creditor. Thus, the decree in respect of which

Execution Application No.100 & 101 of 2018 had been filed, stands

satisfied.

25.EXA 100.2018 and EXA 101.2018.doc

4. The Execution Application No.100 of 2018 and Execution

Application No. 101 of 2018 are accordingly disposed of.

[R.I. CHAGLA J.]