Vipul Gala vs Allied Construction Co. And ...
2023 Latest Caselaw 1593 Bom

                                                                                          10 exa 100-18.doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                 ORDINARY ORIGINAL CIVIL JURISDICTION


                                        EXECUTION APPLICATION NO. 100 OF 2018
                                                       WITH
                                        EXECUTION APPLICATION NO. 101 OF 2018
                                                       WITH
                                           CHAMBER SUMMONS NO.11 OF 2019
                                                        IN
                                        EXECUTION APPLICATION NO. 101 OF 2018
                                                       WITH
                                           CHAMBER SUMMONS NO.1 OF 2019
                                                        IN
                                        EXECUTION APPLICATION NO. 101 OF 2018
                                                       WITH
                                          CHAMBER SUMMONS NO. 304 OF 2019
                                                        IN
                                        EXECUTION APPLICATION NO. 101 OF 2018


                        Vipul Shantilal Gala & Anr.                      ..Original Claimants/
                                                                     Judgment Creditors

                               v/s.

                        Allied Construction Company & Anr.            ..Original Respondents/

Judgment Debtors.

Mr. Maulik Vora and Ms. Ketki Prajapati i/b. Pramodkumar & Co. for the Original Claimants/ Judgment Creditors

Mr. Vivek Patil & D. Sawant i/b. Vivek Patil & Associates for the Respondents.

CORAM : R.I. CHAGLA J DATED : 16th FEBRUARY, 2023.

P.C.

1. The matter has been placed today for compliance of Order dated 8 th

February, 2023. By the said order, the Judgment Debtors had undertaken Digitally signed by PRASANNA P PRASANNA P SALGAONKAR to pay the initial payment of Rs.50 Lakhs by 15th February, 2023 SALGAONKAR Date:

2023.02.20 13:53:06 +0530

P P SALGAONKAR 1 of 2 10 exa 100-18.doc

(mentioned as 13th February, 2023 through typographical error in the said

order). The Judgment Debtors have made payment of Rs.25 Lakhs by 15 th

February, 2023, and thereafter Rs. 5 Lakhs by 16th February, 2023. They

have sought modification of the said Order, in order to pay the balance

amount of Rs.20 Lakhs by tomorrow i.e. 17th February, 2023.

2. It is made clear that in the event of default in making payment of

the balance initial amount of Rs.20 lakhs by tomorrow i.e. 17 th February,

2023, paragraph 5(c) would operate as has been mentioned in paragraph 5

of the Order dated 20th December, 2022, with only change to the schedule

of auction sale of property mentioned in prayer clause (a) of the Sheriff's

report.

3. It is also noted that the Judgment Debtors have to pay the balance

amount of Rs.61,49,042/- along with interest @ 24% per anum from 13 th

January, 2023 to the Judgment Creditors by 3rd March, 2023.

4. In view thereof, the matter shall be placed for compliance on 22nd

February, 2023.

5. It is clarified that the remaining clauses of the Order dated 20 th

December, 2022 shall stand.

                                                                (R.I.CHAGLA J)




P P SALGAONKAR                                                                      2 of 2