Rajul Patel vs Ajay Mody And 2 Ors
2023 Latest Caselaw 4511 Bom

                                                         20.IAL.5361.21 in COMEX.25.22.doc



                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/Orig. Plaintiff

           Versus

Ajay Mody & Ors.                        ...   Respondents/Orig. Defendants



Mr. Ashwin Shete and Abhay Dhadiwal a/w Ashok Pandey and Divya Tyagi
for the Applicant/Orig. Plaintiff.
Mr. Pratyush Ranjan a/w Yash Jain, Santosh Salekar i/b Halai & Co. for
Respondent No.1.
Mr. Pinaz Contractor for Respondent Nos.2 and 3.


                                   CORAM :    R.I. CHAGLA, J.
                                   DATED :    2nd MAY, 2023.
ORDER :

1 The learned Counsel appearing for the Applicant has filed

affidavit of service.

2 The learned Counsel appearing for Respondent No.1 has

sought leave to file affidavit dated 24.03.2023 which is stated to be in

compliance with order dated 06.04.2021.

Waghmare                                                                              1/3




                                                      20.IAL.5361.21 in COMEX.25.22.doc



3           It is to be noted that by order dated 15.03.2023 this Court had

granted last chance to the Judgment Debtor/Respondent No.1 to file

affidavit in compliance with prayer clauses (a) and (b) of the Interim

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

date of the said order. Considering that the affidavit dated 24.03.2023 has

now been tendered, the same is taken on record.

4 It is further noted that in the said order dated 15.03.2023 this

Court had considered that a Review Petition had been filed by Respondent

No.1 for review of the order dated 24.01.2020 but had not been listed.

The Appellate order was passed on 24.01.2020 i.e. over three years back

and this Court considered that no stay was granted of the said order. In

view thereof, this Court by the said order had recorded that on the next

date, in the event there is no stay of the Appellate Court order dated

24.01.2020, the relief in terms of prayer clause (f) as contemplated to be

granted by the order of the Appellate Court shall be considered.

5 The Interim Application (L) No.11964 of 2022 has been taken

out by Respondent Nos.2 and 3 which has not been listed today. By that

Interim Application, Respondent Nos. 2 and 3 has sought recall of the

said order dated 06.04.2021 which order was directing disclosure be made

by the Respondent.

Waghmare                                                                          2/3




                                                             20.IAL.5361.21 in COMEX.25.22.doc



6                 Accordingly, list the Interim Application (L) No.11964 of 2022

with Interim Application (L) No.5361 of 2021 on 07.06.2023, High On

Board.

7 A statement is made by the learned Advocate for Respondent

No.1 that without prejudice to his rights and contentions, within a period

of 12 weeks the physical possession of the property referred to in prayer

clause (f) of the Plaint will be handed over to the Plaintiff. The statement

is accepted.

                                                                (R.I. CHAGLA, J.)




Waghmare                                                                                 3/3