Shailesh Bhagoobhai Bhoolabhai vs Deepak Raheja
2023 Latest Caselaw 4531 Bom

                                                              m1-comexa-22-2023.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                            IN ITS COMMERCIAL DIVISION
              COMMERCIAL EXECUTION APPLICATION NO.22 OF 2023
                                             IN
                        SUMMONS FOR JUDGMENT NO.36 OF 2021
                                             IN
                          COMS SUMMARY SUIT NO.293 OF 2020
                                           WITH
                      INTERIM APPLICATION (L) NO.29792 OF 2022

       Shailesh Bhagoobhai Bhoolabhai                         ...Applicant

               Versus

       Deepak Raheja                                          ...Respondent
                                          ----------
       Mr. Shanay Shah i/b. AVP Partners for the Applicant.
       Mr. Durgadas Chaudhary, Deputy Sheriff is present.
                                          ----------

                                          CORAM : R.I. CHAGLA J.
                                          DATE  : 2 MAY 2023.
       ORDER :

1. Mentioned. Not on board. Taken on board.

2. By praecipe bearing today's date, learned Counsel for the

Applicant states that, there is a urgency in view of the warrants being

ready for sealing and appointment having been fixed with Deputy

m1-comexa-22-2023.doc

Sheriff of Mumbai for on 4th May, 2023 for carrying out attachment

in terms of the warrants. However, the necessary amendment is

required in the Execution Application in terms of the warrants.

Further, the Respondent is stated to be in the process of dissipating

assets and the warrants are required to be executed on an immediate

basis.

3. I have considered the averments in the praecipe as well

as the directions of the Registry to amend the particulars of the

properties of the Respondent i.e. to include the entire postal address

of the Bank where the accounts are located, adding the details of the

IFSC Code of the Bank etc. These have been set out in the schedule of

draft amendment which is tendered and taken on record and marked

'X' for identification.

4. The Applicant is permitted to amend the Commercial

Execution Application in accordance with the draft amendment.

Amendment shall be carried out forthwith. Re-verification is

dispensed with.

[ R.I. CHAGLA J. ]