Bombay High Court
Mandal Infrastructure Pvt. Ltd vs Sanskriti Developers And 3 Ors on 18 April, 2023
Bench: R. I. Chagla
25.IA.986.22 in COMEXL 19230.21.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 986 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 19230 OF 2021
Mandal Infrastructure Private Limited ... Applicant/Orig.
Judgment Holder
Versus
Sanskriti Developers & Ors. ... Respondents/
Judgment Debtors
Mr. Sharan Jagtiani a/w Ms. Shradha Achliya, Mr. Raghav Gupta, Ms.
Surabhi Agrawal, Ms. Treesa Ann Benny i/b Wadia Ghandy & Co. for the
Applicant.
Mr. Zal Andhyarujina, Senior Advocate i/b Shray Sancheti and Khan
Javed Akhtar for the Respondents.
Ms. Rekha Rane, 2nd Asstt. to C.R. present.
CORAM : R.I. CHAGLA, J.
DATED : 18th APRIL, 2023.
ORDER :
1 Mr. Sharan Jagtiani, learned Senior Counsel for the
Applicant/Original Judgment Holder has submitted that the Respondents/
Original Judgment Debtors have admitted that the arrears with interest is
not more than Rs.86,72,502/- in their Interim Application which have
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25.IA.986.22 in COMEXL 19230.21.doc
been filed in the Appeal and a statement had been annexed at Annexure-
A which shows that total amount payable together with interest as on
12.10.2021 is an amount of Rs.86,72,502/-.
2 Mr. Jagtiani has submitted that though there is a far larger
amount claimed by the Applicant/Original Judgment Holder as due and
payable by the Respondents/Judgment Debtors in terms of the consent
terms dated 21.01.2020, since the Application is still to be heard and due
to paucity of time, at the present stage, the admitted amount with interest
as on 12.10.2021 be allowed to be withdrawn. This is without prejudice
to the rights and contentions of the Applicant/Decree Holder as well as
their contention that as per the order dated 10.12.2021, the Appellate
Bench in the above Execution Application (L) No.19230 of 2021 had
directed that the amount of Rs.4,40,00,000/- be deposited with the Court
Receiver/Prothonotary and Senior Master of this Court for raising the
attachment of Flat No.702, 7th Floor, Girgaum, Mumbai and Flat No.404,
4th floor, Bhuleshwar, Mumbai which had been levied as directed by the
learned Single Judge. Further, the Appellate Bench had left it to the
Executing Court to determine the final amount to be executed.
3 Mr. Andhiarujina has submitted that there is no objection to
the Applicant/Original Decree Holder withdrawing the amount of
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25.IA.986.22 in COMEXL 19230.21.doc
Rs.86,72,502/- which is deposited with the Court Receiver/Prothonotary
and Senior Master of this Court.
4 Accordingly, at this stage the Applicant/Decree Holder is
permitted to withdraw an amount of Rs.86,72,502/- which is deposited
with the Court Receiver and the Court Receiver is directed to permit such
withdrawal. This is without prejudice to the rights and contentions of the
Applicant/Decree Holder and subject to the hearing of the present Interim
Application. The Court Receiver shall accordingly break the Fixed Deposit
where the amount has been deposited and pay over the said amount to
the Applicant/Decree Holder.
5 The Court Receiver is directed to transfer the balance amount
after releasing the said amount in favour of the Applicant/Decree Holder
as directed above, to the account of the Prothonotary and Senior Master
who in turn shall invest the same in a Fixed Deposit of a schedule
nationalized bank.
6 Upon compliance with this order, the Court Receiver shall file
a compliance report which shall be placed before this Court on
02.05.2023 at 2.30 p.m. and appropriate directions will be issued for
discharge of the Court Receiver.
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25.IA.986.22 in COMEXL 19230.21.doc
8 The Respondents/Judgment Debtors are at liberty to file an
affidavit in reply to the Interim Application which shall be filed within a
period of one week from today.
9 The Applicant/Decree Holder is at liberty to file affidavit in
reply to the Interim Application of the Respondents which shall be filed
within a period of one week from today.
10 Interim Application shall be listed on 15.06.2023 at 2.30 p.m.
11 Interim Application No.963 of 2022 for extension of time
shall also be listed on that date.
(R.I. CHAGLA, J.)
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