Bombay High Court
Parasram H Bhojwani vs Pravinchand Sehgal And 2 Ors And Rem ... on 18 December, 2023
Author: Bharati Dangre
Bench: Bharati Dangre
(34)GRNL-34260-2022.doc
rajshree
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GUARNISHEE NOTICE (L) NO.34260 OF 2022
WITH
GUARNISHEE NOTICE (L) NO.34262 OF 2022
WITH
GUARNISHEE NOTICE (L) NO.34276 OF 2022
IN
INTERIM APPLICATION (L) NO.5297 OF 2022
Parasram H. Bhojwani ] .. Applicant
vs.
Pravinchand Sehgal & Ors. ] .. Respondents
WITH
INTERIM APPLICATION (L) NO.8557 OF 2023
IN
GUARNISHEE NOTICE (L) NO.34260 OF 2022
Abhirav Infra Realtors Pvt. Ltd. ] .. Applicant
vs.
Parasram H. Bhojwani ] .. Respondent
WITH
INTERIM APPLICATION (L) NO.8080 OF 2023
IN
GUARNISHEE NOTICE (L) NO.34262 OF 2022
Gaurav Sehtal ] .. Applicant
vs.
Parasram H. Bhojwani ] .. Respondent
Mr.Anuj Desai a/w Nitin Jagtap i/b Pawan Patil for Judgment Debtor.
Mr.Jehaan Mehta i/b Veera Shinde for Judgment Debtor No.2 in GRNL
No.34262/2022.
(34)GRNL-34260-2022.doc
Mr.Jamshed Master i/b Veera Shinde for Defendant No.2 in GRNL
No.34260/2022.
Ms.Aasavari Kadam for Respondent No.11 in GRNL No.34276/2022.
Mr.S.C.Naidu a/w Manoj Gujar, Aniket Poojari, Pradeep Kumar and
Abhishek Ingale i/b C.R. Naidu & Co. for Judgment Creditor/Applicant.
CORAM : BHARATI DANGRE, J
DATE : 18th December, 2023.
P.C.
GUARNISHEE NOTICE (L) NO.34276 OF 2022
1] My attention is invited to Guarnishee Notice (L) No.34276/2022,
and one of the Guarnishee mentioned in the said notice is, SM Kapoor
and Company (Respondent No.11), who owes a sum of Rs.47,840/-, to
the Judgment-Creditor.
The Court had directed issuance of show cause notice to the
Respondents as to why they should not be ordered to make the
payments, which was shown against their respective names.
The learned counsel representing SM Kapoor and Company i.e.
Respondent No.11, state that it is ready and willing to deposit the
amount of Rs.47,840/-, provided some time is granted.
Accepting the said statement, I deem it appropriate to grant four
weeks time for the said purpose.
In the wake of said commitment coming from Respondent No.11,
(34)GRNL-34260-2022.doc
show cause notice issued under Order XXI Rule Rule 46A is made
absolute.
The amount shall be deposited with the Prothonotary and Senior
Master, within a period of four weeks from today. Needless to state that
once the amount is deposited, the Judgment-Creditor shall be entitled
to seek withdrawal of the aforesaid amount.
In the wake of above Guarnishee Notice (L) NO.34276 of 2022
stands disposed off.
2] The learned counsel for the Judgment-Debtor intend to raise the
issue about the nature of Ganapati Enterprises, but according to the
learned counsel Mr. Naidu, this issue is already put to rest.
There is some connundrum about this aspect, as in the order
dated 06.11.2023 passed in Guarnishee Notice (L) No.34274/2022, it
is recorded that the issue has been put to rest, as Special Leave
Petition is already dismissed.
However, there is no clarity as to which order of the Apex Court is
being referred to, as it is the specific submission of the learned counsel
representing the Guarnishee, in Guarnishee Notice (L) No.34262/2022,
the Special Leave Petition filed before the Apex Court is scheduled for
hearing on 05.01.2024.
I deem it appropriate to await the outcome of the Special Leave
Petition.
(34)GRNL-34260-2022.doc
3] Let the learned counsel for the Judgment-Debtor file his Affidavit
demonstrating whether the amount was due and payable by the
Guarnishee to it, as the learned counsel for the Guarnishee specifically
contend that there is no amount due and payable, and in fact there is
some amount due and payable to the Guarnishee from the Judgment
Debtor.
Restricting to these two Guarnishee Notices, the Judgment
Debtor shall file an Affidavit within a period of three weeks from today.
List the above-numbered proceedings on 25.01.2024 a/w
GRN(L) Nos.34280/2022, 34281/2022, 34282/2022, 34275/2022,
34277/2022, 34278/2022, 34263/2022, 34265/2022 and 34274/2022,
on 25.01.2024.
[BHARATI DANGRE, J]
