Gaurav Sehgal vs Parasram Bhojwani
2023 Latest Caselaw 2958 Bom

2023:BHC-OS:2128



                    Darshan Patil                                 24-grnl-34262-22.odt


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

                           INTERIM APPLICATION (L) NO. 8080 OF 2023
                                             IN
                            GARNISHEE NOTICE (L) NO. 34262 OF 2022
                                             IN
                           INTERIM APPLICATION (L) NO. 5297 OF 2022

                    Gaurav Sehgal                         ..Applicant
                         VS.
                    Parasram Bhojwani                     ..Respondent

                    Mr. Jehaan Mehta i/b Veera Shinde for the Applicant in
                    Interim Application (L) No. 8080 of 2023.

                    Adv. S.C. Naidu a/w Adv. Aniketh Poojari a/w Adv. Divya
                    Yajurvedi a/w Adv. Sudeshkumar Naidu a/w Adv. Parshva
                    Shah a/w Adv. Pradeep Kumar for Applicants/Judgment
                    Creditors

                    Mr. Anosh Sequeira i/b M/s V.R. Law for the Respondent No.
                    14.
                                            ------------

CORAM : R.I. CHAGLA, J

DATED : 27 MARCH 2023 P.C. :

1. This Interim Application has been taken out in the

Garnishee Notice (L) No. 34262 of 2022 on the premise that

the Garnishee Notice was not served on the Applicant and

thus he had no opportunity of responding to the Garnishee

Notice.

2. The Judgment Debtor no. 1 and Applicant/Defendant

Darshan Patil 24-grnl-34262-22.odt

No. 2 are present in the Court today.

3. The bailiff and the clerk of the Sheriff's office in the

report had mentioned that the Garnishee Notice has been

served upon the Judgment Debtor No. 1 who had accepted

service for himself and on behalf of the Applicant. Further,

the Judgment Debtor No. 1 had signed the

acknowledgement of the Original Garnishee Notice. The

report of the bailiff dated 04/11/2022 has been appended to

the Garnishee Notice.

4. It is noted that the Applicant being the son of the

Judgement Debtor No. 1 claims that the Judgement Debtor

No. 1 cannot accept service on his behalf. The Applicant was

also the Original Defendant No. 2 in the above proceedings

in which the order dated 14/10/2022 was passed by this

Court.

5. In any event, without causing any prejudice to the

Applicant and to grant him an opportunity of responding to

the Garnishee Notice, the order dated 28/02/2023 by which

the Garnishee Notice was disposed of is recalled and the

direction to deposit the amounts which the Applicant was

Darshan Patil 24-grnl-34262-22.odt

directed to deposit within four weeks from the date of the

said order shall be made subject to hearing the Applicant in

the Garnishee Notice.

6. The Garnishee Notice (L) No. 34262 of 2022 shall be

listed on 06/04/2023 under the caption for directions.

7. Mr. Naidu learned counsel appearing for the Judgment

Debtor has pressed for costs and the same shall be

considered at the hearing of the Garnishee Notice.

8. The Applicant has received a copy of the Garnishee

Notice in Court and acknowledges the same.

9. Accordingly, the Interim Application is disposed of.

[R.I. CHAGLA J.]