Siddharth Nagar Parijat Co Operative ... vs White Water Developers
2024 Latest Caselaw 24586 Bom

Bombay High Court

Siddharth Nagar Parijat Co Operative ... vs White Water Developers on 21 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                         913. IAL 20862-24 @ COMEXL 20561-24 in S 112-24.doc


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

                                  INTERIM APPLICATION (L) NO. 20862 OF 2024
                                                     IN
                            COMMERCIAL EXECUTION APPLICATION (L) NO. 20561 OF 2024
                                                     IN
                                            SUIT NO. 112 OF 2021

                       Siddharth Nagar Parijat Co-operative
                       Housing Society Ltd.                                   ...Plaintiff/Applicant
                                  V/s.
                       White Water Developers & Anr.                          ...Defendants/Respondents


                       Mr. Amogh Singh with Mr. Vikas Mishra andMr. Nirav Kania i/B Mr.
                       Bhavin Bhatia for Plaintiff.
                       Mr. Nikhil Wadikar (through VC) i/b Mr. Vijay Gangan for Defendants.

                                                 CORAM        :       ABHAY AHUJA, J.
                                                 DATE         :       21st AUGUST, 2024
                       P.C. :


                       1.       This matter was kept back in the morning session as learned
 NIKITA
 YOGESH
 GADGIL                Counsel for the Respondents was not available.
Digitally signed by
NIKITA YOGESH
GADGIL
Date: 2024.08.21
20:58:16 +0530




                       2.       When the matter is called out in the afternoon session, Mr.

                       Wadikar, learned Counsel appears for the Respondents and fairly

                       submits that although his clients are in breach of the consent terms

                       dated 6th February, 2024, however, since he is not keeping well, he has

                       not come to the Court and would need some time to confer with his

                       clients to take an appropriate course of action.

                       Nikita Gadgil                                                              1/3




                      ::: Uploaded on - 21/08/2024                           ::: Downloaded on - 22/08/2024 11:04:03 :::
                                913. IAL 20862-24 @ COMEXL 20561-24 in S 112-24.doc


 3.       Mr. Singh, learned Counsel appearing for the Decree holder

 would submit that while Mr. Wadikar can take instructions from his

 client, this Court may protect the property and also direct disclosures

 from the Respondents.



 4.       I have heard the learned Counsel and considered their

 submissions and pass the following order:-

                                     ORDER

i. Let there be a disclosure in terms of prayer Clause (f), which

reads thus:-

"f. Pending the hearing and final disposal of this execution application, this Hon'ble Court be pleased to direct the Defendant no.1/Judgment Debtor to disclose on oath on affidavit about the details of all Immovable/Moveable Assets / properties owned by / entitled for/ Bank account details of/ by the Defendant no.1/Judgment Debtor."

ii. Let disclosures on oath be made on behalf of the Defendant

No.1/judgment Debtor within a period of four weeks.

iii. Till the next date, let there be an injunction in terms of prayer

Clause c(ii), which also reads thus:-

"c. (ii) dealing with, disposing of, alienating, transferring, encumbering or assigning the suit property in any manner whatsoever or any part thereof to any other persons and / or creating any third party rights, title or interest in to or over the suit property / premises to be constructed in the suit property."

913. IAL 20862-24 @ COMEXL 20561-24 in S 112-24.doc

iv. Let Mr. Wadikar also take instructions in the matter as to the

appropriate course of action.

 v.       List on 3rd October, 2024.



                                            (ABHAY AHUJA, J.)