Devbrata Bhabatosh Moulick vs Aloka Mukherjee And Ors
2023 Latest Caselaw 12510 Bom

Bombay High Court

Devbrata Bhabatosh Moulick vs Aloka Mukherjee And Ors on 11 December, 2023

Author: Bharati Dangre

Bench: Bharati Dangre

                                                                         (22)IAL-23950-2021.doc


rajshree


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              ORDINARY ORIGINAL CIVIL JURISDICTION
                            INTERIM APPLICATION (L) NO.23950 of 2021
                                                 WITH
                                CHAMBER SUMMONS NO.1270 OF 2018
                                                     IN
                 COMMERCIAL EXECUTION APPLICATION NO.2179 OF 2018
                                                 WITH
                               INTERIM APPLICATION NO.1159 OF 2020
                                                     IN
                                CHAMBER SUMMONS NO.1270 of 2018


            Devabrata Bhabatosh Moulick & Ors.                 ]       ..       Petitioners
                             vs.
            Shrusti Sangam Developers Pvt.Ldt. &Ors.]                  ..       Respondents

Mr.Naushad Engineer a/w Bhavin Gada and Dhaval Visawadia i/b Harakhchand & Co0. For Applicants/Decree Holders. Mr.Harinder Toor a/w Ravi Kotian, Saritha S. i/b Vyas & Bhalwal for Respondent Nos.1 and 2.

Ms.Krutika Valanju i/b Anil Bagwe for Respondent No.8.

                                          CORAM : BHARATI DANGRE, J

                                          DATE   :        11th December, 2023.

            P.C.

            1]      The learned counsel for the Judgment-Debtor makes a

categorical statement that if some time is granted, an amicable

settlement may emerge between the parties.

(22)IAL-23950-2021.doc

However, the learned counsel for the other side raised a serious

doubt about the said statement as according to him, whenever the

Execution Application is listed for hearing, such an offer is made without

any follow up and he would submit that six months back the Decree

Holder has specifically written to him about the offer which emanated

on the previous date of hearing, but nothing was heard at their end.

The Decree which is passed in the year 2012 has sought to be

executed in favour of the Execution Applicant and if at all any

settlement is possible, it could have been fructified by this time.

But in any case, if the Judgment Debtor is of the view that some

suggestions from him may result into accord satisfaction, he shall make

the offer in writing, within a period of two weeks from today, which shall

be duly considered by the other side.

This is, however, with a clear understanding that, thereafter

there shall be no talks for settlement and in any such statement to that

effect shall be construed as an attempt to delay the Execution

Application.

List on 15.01.2024.

[BHARATI DANGRE, J]