Arvind Agarwal vs M. V. Petr Dutov And 2 Ors
2023 Latest Caselaw 1360 Bom

                                              10-IA(L) 599.2023 in EXA (L) 3758.2021.doc


K.S. Jadhav
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                     INTERIM APPLICATION (L) NO. 599 OF 2023
                                        IN
                  EXECUTION APPLICATION (L) NO. 3758 OF 2021

     Dr. Arvind Agarwal                           ...Applicant/
                                                   Decree Holder
             Versus

     M.V. PETR DUTOV                              ...Defendants
                And
     United India Insurance Co. Ltd.,             ...Garnishee/Insurance Co.
                                     ----------
     Mr. Abdul Majid Dar, Senior Advocate a/w Dr. Dhanalaxmi Iyer a/w
     Siddhesh Pilankar, Advocates for Applicant.
                                     ----------

                                     CORAM : R.I. CHAGLA J.

                                     DATE           : 8TH FEBRUARY, 2023.
     ORDER :

1. By this Interim Application, the Applicant/Decree Holder has

sought attachment of the Account of Garnishee-United India

Insurance Company Limited which Account is maintained with Bank

of America, the Account's particulars of which are mentioned in

prayer Clause 'a' of the Interim Application. The Interim Application

also seeks attachment of the Garnishee Account with IndusInd Bank,

the Account particulars are also mentioned in prayer Clause 'a' of the

10-IA(L) 599.2023 in EXA (L) 3758.2021.doc

Interim Application. Further prayer is for directions to the Garnishee-

United India Insurance Company Limited having its registered office

at Chennai as well as its Head Office at Chennai which is mentioned

in the prayer Clause 'b' of the Interim Application for satisfying

Judgment/Decree passed in Admiralty Suit No.23 of 1994.

2. By order dated 24th January, 2023, the Applicant/Decree

Holder was directed to serve the Notice on the Garnishee-United

India Insurance Company Limited with regard to the next date as

well as serve the Interim Application on them and file Affidavit of

Service on or before the next date. The Affidavit of Service dated

28th January, 2023 has been filed which shows that the

Applicant/Decree Holder has served Notice to the United India

Insurance Company Limited on 28th January, 2023 and Postal

Receipt is mentioned in Paragraph 3 of the Affidavit of Service as well

as attached thereto. The Notice has been served on the address of

the Garnishee-United India Insurance Company Limited which

address is mentioned in Paragraph 3 of the Affidavit of Service.

3. The Advocate for Applicant/Decree Holder shall file further

Affidavit of Service attaching the tracking report of the Postal

Department which mentions that the Garnishee-United India

10-IA(L) 599.2023 in EXA (L) 3758.2021.doc

Insurance Company Limited has been served with the Notice issued

on 28th January, 2023.

4. Considering that the Garnishee-United India Insurance

Company Limited has been proceeded against for attachment of their

Account, their presence will be required. Accordingly, issue Notice on

the Garnishee-United India Insurance Company Limited, returnable

on 2nd March, 2023.

[R.I. CHAGLA J.]