Bombay High Court
Parasram H. Bhojwani vs Pravinchand Sehgal And 2 Ors on 28 February, 2023
Bench: R. I. Chagla
35-GRN(L) 34318.2022 in IA(L) 2753.2020.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GARNISHEE NOTICE (L) NO.34318 OF 2022
IN
INTERIM APPLICATION (L) NO.2753 OF 2020
Parasram H. Bhojwani ... Applicant
In the matter between
Parasram H. Bhojwani ... Judgment Creditor
(Original Plaintiff)
Versus
Pravinchand Sehgal & Ors., ...Judgment Debtors
(Original Defendants)
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S.C. Naidu a/w Mr. Aniketh Poojari a/w Ms. Divya Yajurvedi a/w Mr.
Sudeshkumar Naidu a/w Mr. Pradeep Kumar i/b C.R. Naidu & Co.,
Advocates for Applicant.
Mr. Yashashree Munde i/b Parinam Law Associates, Advocate for
Judgment Debtor No.1 & 3.
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CORAM : R.I. CHAGLA J.
DATE : 28TH FEBRUARY, 2023.
ORDER :
1. The Interim Application (L) No.2753 of 2020 came up before
this Court on 14th October, 2022, when this Court had considered that
the Judgment Debtor No.1 had disclosed in the additional Affidavit-
in-Reply jointly affirmed by Judgment Debtor No.1 and 3 dated 11 th
35-GRN(L) 34318.2022 in IA(L) 2753.2020.doc
September, 2020 that M/s N.P. Textile Mills owes a debt in the sum of
Rs.75,05,929.50 to Judgment Debtor No.1 as mentioned in the
Income Tax Return for Assessment Year 2019-2020 and in particular
the Balance Sheet annexed to the Income Tax Returns. Accordingly,
this Court had directed that Garnishee Notice be issued to M/s N.P.
Textile Mills to Show Cause Notice, as to why the said amount of
Rs.75,05,929.50 should not be deposited in this case.
2. The office was directed to issue Show Cause Notice under
Order XXI Rule 46(A) of the Code of Civil Procedure, 1908 returnable
on 17th November, 2022 calling upon M/s N.P. Textile Mills to show
cause as to why they ought not to pay/deposit said amounts before
the returnable date by filling an Affidavit, failing which the Proprietor
of M/s N.P. Textile Mills was required to be appeared before this
Court on 17th November, 2022 at 10.30 a.m. in the forenoon either in
person or by an Advocate entitled to practice in this Court to show
cause, why the said M/s N.P. Textile Mills should not be ordered to do
so. In default, an order for payment/deposit of the aforesaid amount
will be passed against M/s N.P. Textile Mills. The show cause notice
was also to be served upon Judgment Debtor No.1 as per Rule 345 of
the Bombay High Court (Original Side) Rules.
35-GRN(L) 34318.2022 in IA(L) 2753.2020.doc
3. Pursuant to the said order dated 14th October, 2022, the Bailiff
and Clerk from the Sheriff's office had filed a Report, wherein it is
mentioned that Garnishee Notice was served on 3rd November, 2022
upon Pravinchandra Sehgal, Judgment Debtor No.1 who had
accepted service for himself and on behalf of M/s N.P. Textile Mills.
4. It is noted that inspite of service of notice on the Garnishee ,
M/s N.P. Textile Mills has neither filed an Affidavit in response to the
Garnishee Notice nor remains present in the Court.
5. Accordingly, M/s N.P. Textile Mills is directed to deposit in this
Court the sum of Rs.79,05,929.50 which is owing to Judgment
Debtor No.1 within a period of four weeks from the date of this order
to the credit of Commercial Execution Application No.565 of 2019
with the Prothonotary and Senior Master of this Court. This order is
under Order XXI Rule 46(B) of the Code of Civil Procedure, 1908.
6. Accordingly, Garnishee Notice (L) No.34318 of 2022 is
disposed of.
[R.I. CHAGLA J.]
