Aastha Telecom vs Mahanagar Telephone Nigam Ltd
2023 Latest Caselaw 2556 Bom

                                                             12-GRNL-35840-22.doc

Sharayu Khot.
                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      ORDINARY ORIGINAL CIVIL JURISDICTION

                         GARNISHEE NOTICE NO. 35840 OF 2022
                                        WITH
                         INTERIM APPLICATION NO. 979 OF 2023
                                          IN
                       EXECUTION APPLICATION NO. 679 OF 2019
                                        WITH
                       EXECUTION APPLICATION NO. 679 OF 2019


      Aastha Telecom                                        ...Applicant

                Versus

      Mahanagar Telephone Nigam Ltd.                        ...Respondent/
                                                            Judgment Debtor

                                       ----------
      Mr. Jas Sanghvi a/w Mr. Ansh Agal i/by M/s. PDS LEgal for the
      Applicant in EXA.
      Mr. Niranjan P. Shimpi for the Defendant.
      Mr. D.S. Choudhari, Dy. Sheriff present.
                                       ----------

                                       CORAM : R.I. CHAGLA J

                                        DATE        : 16 March 2023

      ORDER :

1. The learned Counsel appearing for the Judgment

Creditor states that pursuant to the Garnishee Notice, the Garnishee-

12-GRNL-35840-22.doc

Union Bank of India, Prabhadevi Branch, Mumbai has deposited vide

Pay Order No. 48934556 dated 24th January 2023 a sum of Rs.

24,73,230/- favouring Sheriff of Mumbai with the office of the

Sheriff of Mumbai pursuant to which the Deputy Sheriff of Mumbai

issued a certificate certifying receipt of the said sum being the

amount paid towards Garnishee Notice No. 35840 of 2022 in the

above Execution Application and to hold the sum subject to further

orders of this Court.

2. The learned Counsel for the Judgment Creditor has

sought withdrawal of the said sum Rs. 24,73,230/- lying with the

Sheriff's office.

3. Considering that the Garnishee Notice has been satisfied

by the deposit of sum of Rs. 24,73,230/- with the Sheriff's office

being an amount payable under Garnishee Notice in the above

Execution Application, the Deputy Sheriff is directed to pay the said

sum of Rs. 24,73,230/- deposited by the Garnishee to the Judgment

Creditor after deduction of 1% poundage fee of Sheriff of Mumbai.

4. Accordingly, Garnishee Notice is disposed of.

12-GRNL-35840-22.doc

5. In view of the decree having been satisfied, warrant of

attachment of the Respondent's Bank Account No. 319001010023205

held with Union Bank of India under Order XXI Rule 46 of the the

Code of Civil Procedure, 1908 is raised.

6. Considering that the decree has been satisfied by the said

sum of Rs. 24,73,230/- lying with the Sheriff's Office being directed

to be paid over to the Judgment Creditor, Interim Application No.

979 of 2023 has become infructuous and accordingly, disposed of.

7. The Execution Application No. 679 of 2019 is disposed of

by this order.

[R.I. CHAGLA J.]