Bombay High Court
The Saraswat Co-Operative Bank ... vs Dr. Aggarwal Prem Sitaram And 5 ... on 14 March, 2023
Bench: R. I. Chagla
33-2-CHSCD-1090-18.doc
Sharayu Khot.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL CHAMBER SUMMONS NO. 1090 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 79 OF 2017
Jaijeet Singh Ahluwalia ...Applicant
In the matter of
The Saraswat Co-operative Bank Ltd. ...Original Disputant
Versus
Dr. Aggarwal Prem Sitaram & Ors. ...Judgment Debtors
(Original Opponents)
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Mr. Aseem Naphade a/w Mr. Sauradh Utangale i/by Chetan Mhatre
and Vinay Bhorge for the Applicant.
Mr. Girish Utangale a/w Mr. Rohan Savant for the Respondent No. 1/
Judgment Debtor.
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CORAM : R.I. CHAGLA J
DATE : 14 March 2023
ORDER :
1. By this Chamber Summons, the Applicants have sought
raising of attachment levied on Shop No. 8-A, Ground Floor, Ketayun
Mansion, Shahaji Raje Marg, Vile Parle (East), Mumbai 400 057
33-2-CHSCD-1090-18.doc
("subject Shop") pursuant to warrant of attachment dated 18th
August 2017 issued.
2. The Applicants state that they are the owners of the
subject Shop having purchased the subject Shop vide Agreement for
Sale dated 21st September 2015. Thereafter, the Award was passed
on 4th August 2016 in respect of which present execution
proceedings have been filed on 24th May 2017. The Applicants
further state that by Leave and Licence Agreement dated 11th
December 2017, the Applicants have granted licence to the Judgment
Debtors for a period of 12 months commencing on 1st January 2018
and ending on 31st December 2018, which had been thereafter,
renewed. Warrant of attachment was levied on the subject Shop on
18th August 2017.
3. Mr. Naphade, the learned Counsel appearing for the
Applicants state that the Applicants are the owners of the subject
Shop having purchased the subject Shop by the Agreement for Sale
which is prior to the Award in respect of which the present execution
proceedings have been filed. Accordingly, attachment levied of the
subject Shop be raised.
33-2-CHSCD-1090-18.doc
4. Mr. Naphade states that out of consideration of Rs.
62,00,000/-, Rs. 60,00,000/- has been paid by the Applicant for
purchase of the subject Shop. He further submits that the Suit (L) No.
1086 of 2018 has been filed in this Court for specific performance
with respect to the aforementioned Agreement for Sale in respect of
the subject Shop. The Suit is currently pending in this Court.
5. Mr. Utangale, learned Counsel appearing for the
Judgment Debtor does not dispute this position. He has submitted to
the orders of this Court.
6. Judgment Creditor though represented by the learned
Advocate Mr. Vishal Narkar on earlier date, has failed to make
appearance, despite of Chamber Summons having been filed on 21st
August 2018.
7. In view thereof, there is no dispute that the Applicants
are the owners of the subject Shop and that the warrant of
attachment could not have been levied on the subject Shop in the
present execution proceedings.
33-2-CHSCD-1090-18.doc
8. Relief sought for in the Chamber Summons is
accordingly granted. Hence, the following order is passed. :-
(i) Attachment levied on the Shop No. 8-A, Ground Floor,
Ketayun Mansion, Shahaji Raje Marg, Vile Parle (East),
Mumbai 400 057 is lifted.
(ii) The Applicants in the above Execution Application
shall exclude the subject Shop from the execution
proceedings.
(iii) The above Commercial Chamber Summons No. 1090
of 2018 is accordingly, disposed of.
[R.I. CHAGLA J.]
