Bombay High Court
Vipul Gala vs Allied Construction Co. And ... on 22 February, 2023
Bench: R. I. Chagla
Digitally signed
JITENDRA by JITENDRA
SHANKAR
SHANKAR NIJASURE
NIJASURE Date: 2023.02.23
18:15:58 +0530
10-exa-100-2018.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.100 OF 2018
Vipul Gala ...Original
Claimants / Judg
Creditors
Versus
Allied Construction Co. & Anr. ...Original
Respondents /
Judg Debtors
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Maulik Vora i/b. Pramodkumar & Co. for the Original Claimants.
Shivani Sawant i/b. Vivek Patil and Associates for the Respondents.
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CORAM : R.I. CHAGLA J.
DATE : 22 FEBRUARY, 2023.
ORDER :
1. The matter has been placed under the caption for
compliance. By order dated 16th February, 2023, it was noted that
Judgment Debtors have made payment of Rs.25,00,000/- by 15th
February, 2023 and thereafter Rs.5,00,000/- by 16th February, 2023.
Though they had undertaken to make entire initial payment of
10-exa-100-2018.doc
Rs.50,00,000/-by 15th February, 2023. Accordingly, modification of
the order dated 8th February, 2023 was sought in order to pay
balance amount of Rs.20,00,000/- by 17th February, 2023.
2. It was made clear in the said order that in the event of
default in making payment of balance amount of Rs.20,00,000/- by
17th February, 2023, paragraph 5(c) would operate as mentioned in
paragraph 5 of the order dated 20th December, 2022 with only
change in the schedule of auction change of property in the prayer
clause (a) of the Sheriff's Report.
3. The learned Advocate for the original Claimant /
Judgment Creditor states that balance amount of Rs.20,00,000/- has
been received only yesterday, i.e. 21st February, 2023. He has
submitted that there have been several breaches committed by the
Judgment Debtors and in the event the Court is condoning the delay
in making payment of the initial amount costs should be imposed.
4. By the said order dated 16th February, 2023, it was also
noted that the Judgment Debtors have to pay balance amount of
Rs.61,49,042/- along with interest @ 24% p.a. from 13th January,
10-exa-100-2018.doc
2023 to the Judgment Creditor by 3rd March, 2023. Considering that
the Judgment Debtors have not kept to their undertakings which
have been given to this Court. Further, the condonation of delay in
payment of initial amount of Rs.50,00,000/- which is being made by
21st February, 2023 shall be subject to payment of costs which is
imposed on the Judgment Debtors in the sum of Rs.20,000/- payable
by way of Pay Order in favour of "The Vatsalya Foundation" having
address at Ground Floor, King George V. Memorial, Dr. E. Moses
Road, Mahalaxmi (West), Mumbai 400 011 within a period of two
weeks from the date of this Order.
5. The Judgment Debtors are also put to terms that in the
event the balance amount of Rs.61,49,042/- along with interest @
24% p.a. form 13th January, 2023 is not paid to the Judgment
Creditors by 3rd March, 2023 in breach of the undertaking of the
Judgment Debtors, then paragraph 5(c) of the order dated 20th
December, 2022 shall operate with only change in the schedule of
auction sale of property mentioned in prayer Clause (a) to the
Sheriff's Report.
6. It is clarified that the remaining clauses of order dated
10-exa-100-2018.doc
8th February, 2023 shall stand.
7. Place the matter for compliance on 6th March, 2023.
[R.I. CHAGLA J.]
