State Of Maharashtra Through ... vs Bharat Constructions
2023 Latest Caselaw 3174 Bom

                                                       12-IA (L) 8213.2023 in COMEX 5.2023.doc


K.S. Jadhav
                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                         IN ITS COMMERCIAL DIVISION

                INTERIM APPLICATION (L) NO.8213 OF 2023
                                  IN
             COMMERCIAL EXECUTION APPLICATION NO. 5 OF 2023

     State of Maharashtra through                 ...Applicant/
     The Executive Engineer                        Original Respondent No.2
     PWD World Bank Project Division,
     Thane, Maharashtra State

     In the matter between

     Bharat Constructions                         ...Decree Holder /
                                                   Original Claimant
             Versus

     State of Maharashtra & 1 Anr.,               ...Respondents
                                                   Original Judgment Debtor
                                          ----------

Mr. M.M. Vashi, Senior Advocate a/w Ms. Prachi Khandage a/w Ms. Aparna Deokar i/b M.P. Vashi & Associates, Advocates for Applicant/ Original Respondent No.2.

Mr. Kedar Dighe, AGP for State of Maharashtra.

----------

CORAM : R.I. CHAGLA J.

DATE : 29TH MARCH, 2023.

Reasons for this order are given separately. The operative part is as under :

(i) The Applicant shall pay outstanding amount of

12-IA (L) 8213.2023 in COMEX 5.2023.doc

Rs.3,54,41,518/- as on 28th March, 2023 with further interest till

payment to the Decree Holder.

(ii) The Warrant of Attachment dated 17th February, 2023

issued by the Prothonotary and Senior Master of this Court in the

above Execution Application is set aside and the attachment levied on

the subject property is raised subject to payment being made in (i)

above and Sheriff's poundage paid by the Decree Holder.

(iii) Mr. Dighe on behalf of the Applicant herein states on oral

instructions that the amount of Rs.3,54,41,518/- will be paid by 5 th

April, 2023 to the Decree Holder. Statement is accepted.

(iv) The Decree Holder shall pay the Sheriff's poundage in

accordance with Rule 474 of the Bombay High Court (O.S.) Rules on

5th April, 2023.

(v) The Interim Application is accordingly disposed of.

(vi) Interim Application shall be placed for compliance on 6 th

April, 2023.

(vii) The parties to act upon authenticated copy of this order

and upon being communicated by the Government Pleader's office to

12-IA (L) 8213.2023 in COMEX 5.2023.doc

the Applicant.

[R.I. CHAGLA J.]