Bombay High Court
Vipul Gala vs Allied Construction Co. And ... on 8 February, 2023
Bench: R. I. Chagla
6.Sheriff's Report 76.2022 in EXA 100.2018 with EXA 101.2018.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
SHERIFF'S REPORT NO.76 OF 2022
IN
EXECUTION APPLICATION NO.100 OF 2018
WITH
EXECUTION APPLICATION NO.101 OF 2018
Vipul Shantilal Gala & Anr., ...Original Claimants /
Judgment Creditors
Versus
Allied Construction Company & Anr., ...Original Respondents /
Judgment Debtors
----------
M.P. Vora a/w Ms. Ketki Prajapati i/b Pramod Kumar & Co., Advoate
for Original Claimants.
Mr. Vivek Patil a/w Nitiraj Shirke i/b Vivek Patil & Associates,
Advocate for Respondents.
Mr. D.S. Choudhari, Deputy Sheriff present.
----------
CORAM : R.I. CHAGLA J.
DATE : 8TH FEBRUARY, 2023.
ORDER :
1. The Sheriff's Report has been placed for compliance by the
order dated 20th December, 2022. The Schedule of payment which
the Judgment Debtor was to make to the Judgment Creditors set out
6.Sheriff's Report 76.2022 in EXA 100.2018 with EXA 101.2018.doc
in Paragraph 5 of the said order. The party had agreed that the sum
of Rs.1,27,18,666/- would be paid inclusive of Interest @ 12% per
annum upto 31st January, 2023 in the manner set out therein.
2. The learned Counsel appearing for the Judgment Creditors
states that except for payment of the sum of Rs.15,69,624/- payable
on or before 30th December, 2022, there has been a non payment of
other installments which have been stated in Paragraph 5(a) (ii to iv)
of the said order dated 20th December, 2022. The payment of
Rs.1,27,18,666/- inclusive of interest @ 12% per annum upto 31st
January, 2023 was agreed upon provided that these installments are
paid by the Judgment Debtors on the due dates. This is made further
clear from Paragraph 5 (b) of the said order which provides that in
the event the entire amount is paid without any default, then the
Consent Terms dated 14th January, 2020 shall be marked as fully
satisfied and the Execution Application accordingly stands disposed
of.
3. Further, in Paragraph 5(c) it was directed that if the Judgment
Debtor commits a single default, then the Sheriff shall proceed to sell
the properties mentioned in prayer Clause 'a' to the Sheriff's Report
as per the proposed Schedule of Auction Sale which has been
6.Sheriff's Report 76.2022 in EXA 100.2018 with EXA 101.2018.doc
reproduced in the said paragraph. It was further clarified in
Paragraph 5(d) that in the event default is committed, then the
Judgment Creditors shall be entitled to recover the entire amount
together with interest as mentioned in Consent Terms which is @
24% per annum after giving due credit of any amounts already paid
by the Judgment Debtors.
4. The learned counsel appearing for the Judgment Debtors has
sought a last opportunity to make payment of the entire sum of
Rs.1,27,18,666/- from which the sum of Rs.15,69,624/- is to be
deducted. Thus, leaving the balance sum of Rs.1,11,49,042/- payable
with interest @ 24% per annum from 13th January, 2023 and which
the payment shall be made to the Judgment Creditor by 3rd March,
2023.
5. The learned counsel for the Creditor is agreeable to this request
as a last opportunity subject to initial payment of Rs.50 Lakhs by the
Judgment Debtors to the Judgment Creditor by 13th February, 2023.
In the event of a further default, the aforementioned sub para of
Paragraph 5 shall operate with the only modification being in the
Schedule of Auction Sale of the property mentioned in Clause 'a' of
the Sheriff's Report.
6.Sheriff's Report 76.2022 in EXA 100.2018 with EXA 101.2018.doc
6. Accordingly, the matter is kept on 16th February, 2023 under
the caption for compliance.
7. At this stage, the learned Counsel appearing for the Judgment
Creditor has referred to Paragraph 6 of the said order dated 20th
December, 2022, wherein the Judgment Debtor was to make payment
of maintenance charges as on 31st December, 2022 which comes to
an aggregate amount of Rs.4,35,746/-. This shall be paid by the
Judgment Debtors in addition to the aforementioned amount on or
before 3rd March, 2023.
8. It is made clear that the statement made by the learned
Counsel for the Judgment Debtor is treated as an undertaking of this
Court and any breach thereafter, will follow the desired
consequences.
[R.I. CHAGLA J.]
