Rajul Patel vs Ajay Mody And 2 Ors
2023 Latest Caselaw 2500 Bom

                                                         22-ial-5361-2021.doc

jsn
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                          IN ITS COMMERCIAL DIVISION
               INTERIM APPLICATION (L) NO.5361 OF 2021
                                 IN
           COMMERCIAL EXECUTION APPLICATION NO.25 OF 2022

      Rajul Patel                                      ...Applicant

               Versus

      Ajay Mody & Ors.                                 ...Respondents
                                      ----------
      Ashwin Shete with Abhay Dhadiwal, Divya Tyagi and Ashok Pandey
      i/b. Jaykar and Partners for the Applicant / Ori. Plaintiff.
      P. Ranjan i/b. Halai & Co. for the Respondent No.1.
                                      ----------

                                     CORAM : R.I. CHAGLA J.
                                      DATE : 15 MARCH 2023.
      ORDER :

1. The learned Advocate appearing for the Judgment

Debtor / Respondent No.1 has sought extension of time to file

Affidavit in compliance with the order dated 6th April, 2021. As and

by way of last chance, Judgment Debtor / Respondent No.1 shall file

Affidavit in compliance of prayer Clauses (a) and (b) of the Interim

Application (L) No.5361 of 2021 within a period of one week from

today.

2. The learned Counsel for the Respondent No.1 states that

22-ial-5361-2021.doc

Review Petition has been filed for review of the order of the Appellate

Court dated 24th January, 2020 but has not been listed before the

appropriate bench. It is noted that though the Appellate Order was

passed on 24th January, 2020 i.e. over three years back, no stay has

been granted by this Court of the said Order dated 24th January,

2020. Accordingly, on the next date in the event there is no stay to

the said Appellate Court order dated 24th January, 2020, the relief in

terms of prayer clause (f) as contemplated to be granted by the order

of the Appellate Court shall be considered.

3. The Interim Application (L) No.11964 of 2022 taken out

by the Respondent Nos.2 and 3 which is not listed today shall also be

listed on the next date i.e. 24th March, 2023.

4. The Respondent Nos.2 and 3 shall serve the Interim

Application (L) No.11964 of 2022 on the Applicant / Decree Holder

forthwith. Notice of this order shall be served on the Respondent

Nos.2 and 3 who are not present in Court by the Advocates for the

Decree Holder.

5. Place the matter on 24th March, 2023 for directions.

[ R.I. CHAGLA J. ]