Bombay High Court
Parasram H.Bhojwani vs Pravinchand Sehgal And 2 Ors And ... on 14 March, 2023
Bench: R. I. Chagla
19-22-GRN (L) 34270.2022 in IA(L) 5297.2022 with Ors.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
GARNISHEE NOTICE (L) NO. 34270 OF 2022
IN
INTERIM APPLICATION (L) NO.5297 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO.565 OF 2019
Parasram H. Bhojwani ...Applicant/Judgment Creditor
(Original Plaintiff)
Versus
Pravinchandra Sehgal & Ors., ...Judgment Debtors
(Original Defendants)
WITH
GARNISHEE NOTICE (L) NO. 34271 OF 2022
WITH
GARNISHEE NOTICE (L) NO. 34273 OF 2022
WITH
GARNISHEE NOTICE (L) NO. 34274 OF 2022
IN
INTERIM APPLICATION (L) NO.5297 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO.565 OF 2019
----------
Mr. S.C. Naidu a/w T.R. Yadav a/w Aniketh Poojary a/w Pradeep
Kumar a/w Divya Yajurvedi i/b C.R. Naidu & Co., Advocates for
Applicants/Judgment Creditors.
Ziyad Madon a/w Sujit Lahoti a/w Aniket Worlikar a/w Tejasvi
Kudtadkar i/b Sujit Lahoti & Associates, Advocates for Respondent
Nos. 6 to 9.
----------
CORAM : R.I. CHAGLA J.
DATE : 14TH MARCH, 2023.
1/4
::: Uploaded on - 16/03/2023 ::: Downloaded on - 17/03/2023 08:18:34 :::
19-22-GRN (L) 34270.2022 in IA(L) 5297.2022 with Ors.doc
ORDER :
1. Mr. Madon, learned Counsel appearing for the
Garnishee/Respondent Nos. 6 to 9 has sought extension of time to
show cause to the Garnishee Notice issued to the Respondents by
order dated 14th October, 2022. It is to be noted that by the said
order, this Court had observed that in the Affidavit of Disclosure of
Judgment Debtor No.1, disclosure has been made that Respondent
Nos. 1 to 18 including Respondent Nos. 6 to 9 owe a debt to M/s
Ganpati Enterprises, a Sole Proprietorship of Pravinchand Sehgal,
HUF for the sums set out at pages 259, 266 and 267 of the said
Additional Affidavit.
2. The office was directed to issue Show Cause Notice under
Order XXI, Rule 46A of the Code of Civil Procedure, 1908 returnable
on 17th November, 2022, calling upon Respondents including present
Respondent Nos. 6 to 9 to show cause as to why they ought not to
pay into the Court, the amounts mentioned against the name of the
Respondents in Paragraph 5 by filing an Affidavit, failing which the
Respondents were required to be appeared before this Court on 17th
November, 2022 at 10.30 a.m. in the forenoon either in person or by
19-22-GRN (L) 34270.2022 in IA(L) 5297.2022 with Ors.doc
an Advocate entitled to practice in this Court to show cause why the
said Respondents should not be ordered to do so.
3. It is made clear that in default, order of payment of the
aforementioned amounts will be passed against the Respondents.
Thereafter, a series of orders were passed on 20th February, 2023 in
the Garnishee Notices against other Respondents, wherein this Court
had directed the respective Garnishee to deposit the amount with the
Prothonotary and Senior Master of this Court within the period of
four weeks from the date of the order to the credit of the Commercial
Execution Application No.565 of 2019. The orders were passed in
view of the Garnishee, not having shown cause to the Garnishee
Notices and making an appearance before this Court.
4. Mr. Madon, learned Counsel appearing for Respondent Nos.6
to 9 (Garnishees) states that the Respondent Nos. 6 to 9 did not owe
any debt to M/s Ganpati Enterprises. He has sought leave to place on
record by way of Affidavit.
5. In view thereof, as and by way of last chance, the Respondent
Nos. 6 to 9 (Garnishees) shall file their Affidavit-in-Reply on or before
19-22-GRN (L) 34270.2022 in IA(L) 5297.2022 with Ors.doc
24th March, 2023. Any further default will result in heavy costs
being imposed.
6. Place the Garnishee Notice on 28th March, 2023 for direction.
[R.I. CHAGLA J.]
