Bombay High Court
Parasram H. Bhojwani vs Pravinchand Sehgal And 2 Ors And ... on 28 February, 2023
Bench: R. I. Chagla
26-GRN(L) 34260.2022 in IA(L) 5297.2022.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GARNISHEE NOTICE (L) NO.34260 OF 2022
IN
INTERIM APPLICATION (L) NO.5297 OF 2022
Parasram H. Bhojwani ... Applicant
In the matter between
Parasram H. Bhojwani ... Judgment Creditor
(Original Plaintiff)
Versus
Pravinchand Sehgal & Ors., ...Judgment Debtors
(Original Defendants)
And
Rem Enterprise & Ors., ...Respondents
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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.
Mr. Aniket Worlikar i/b Sujit Lahoti & Associates, Advocate for
Respondent Nos. 6 to 9.
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CORAM : R.I. CHAGLA J.
DATE : 28TH FEBRUARY, 2023.
ORDER :
1. The Interim Application (L) No.5297 of 2022 in which the
Garnishee Notice has been filed, had came up before this Court on
26-GRN(L) 34260.2022 in IA(L) 5297.2022.doc
14th October, 2022, when this Court had noted that in the additional
Affidavit affirmed by Judgment Debtor No.1 on 5 th February, 2022,
the Judgment Debtor No.1 had disclosed that Respondent No.1 to 18
owes a debt to M/s Ganpati Enterprises, a Sole Proprietorship of
Pravinchand Sehgal HUF, for the sums more specifically set out at
pages 259, 266 and 267 of the said additional Affidavit. Accordingly,
this Court had directed, Garnishee Notice be issued to the
Respondent Nos. 1 to 18 to show cause, why the amounts set out
hereinafter against their respective names should not be deposited in
Court together with costs.
2. Pursuant to the said order dated 14th October, 2022, the Bailiff
and Clerk of the Sheriff's Office had served the Garnishee Notice (L)
No.34260 of 2022 on 3 rd November, 2022 upon Judgment Debtor
No.1 who had accepted service for himself and on behalf of Abhirav
Infra Realtors Pvt. Ltd. who is mentioned in 5b of the said order
dated 14th October, 2022. The Judgment Debtor No.1 had signed the
acknowledgment on the original Garnishee Notice. The Bailiff's
Report dated 4th November, 2022 is appended to the copy of
Garnishee Notice.
3. The Respondent No.2-Abhirav Infra Realtors Pvt. Ltd. inspite of
26-GRN(L) 34260.2022 in IA(L) 5297.2022.doc
service of Garnishee Notice, has neither responded to the Garnishee
Notice not made an appearance before this Court today.
4. Considering that Judgment Debtor No.1 has disclosed that
Respondent Nos. 1 to 18 owe a debt to M/s Ganpati Enterprises who
is stated to be the Sole Proprietorship of Pravinchand Sehgal,
Judgment Debtor No.1 for the sum of Rs.1,13,17,696/-, it would be
appropriate to direct the Respondent No.2 Garnishee, by keeping the
contention of the Judgment Debtor No.1 that M/s Ganpati
Enterprises is not the Sole Proprietory Concern of Pravinchand
Sehgal, HUF as Judgment Debtor No.1 has only 1/3rd share open, to
deposit the sum of Rs.1,13,17,696/- in this Court under Order XXI
Rule 46(B) of the Code of Civil Procedure, 1908.
5. The Respondent No.2-Garnishee shall make deposit of
Rs.1,13,17,696/- 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.
6. Accordingly, Garnishee Notice (L) No.34260 of 2022 is
disposed of.
[R.I. CHAGLA J.]
