Eskay Silk Industries Pvt. Ltd vs Status Fashion
2024 Latest Caselaw 3068 Bom

Bombay High Court

Eskay Silk Industries Pvt. Ltd vs Status Fashion on 1 February, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

2024:BHC-OS:1821


                                                                               7-EXA-1490-2022.doc


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

                                      EXECUTION APPLICATION NO. 1490 OF 2022

                    Eskay Silk Industries Pvt Ltd         ...Applicant/Judgment Creditor
                             V/s.
                    Status Fashion                        ...Respondent

                                                       WITH
                                            NOTICE (L) NO.1332 OF 2023
                                                        IN
                                      EXECUTION APPLICATION NO. 1490 OF 2022

                    Mr. Girish Togani, Advocate for the Applicant/Judgment Creditor.
                    None for the Respondent.

                                              CORAM   :   ABHAY AHUJA, J.

                                              DATE    :   1st FEBRUARY, 2024
                    P.C. :

1. This execution application seeks issuance of warrant of

attachment of movable and immovable property under Order 21 Rule

43 and 54 against the Judgment Debtor as per the schedule contained

in the application.

2. Mr. Togani, learned Counsel appears for the Judgment Creditor

points out that the notice under Order 21 Rule 22 has been served on

the Judgment Debtor on 7th February, 2023 and the Bailiff report has

also been filed.

7-EXA-1490-2022.doc

3. Perusal of the Bailiff report annexed to the proceedings confirms

that the Judgment Debtor had infact been served the notice under

Order 21 Rule 22 on 7 th February, 2023 and despite the same none

appears for the Judgment Debtors nor any objection has been filed to

this application.

4. Having heard the learned Counsel and having perused the

application and proceedings, the application is made absolute.

5. Let the warrant of attachment under Order 21 Rule 43 and 54 be

issued against the Judgment Debtor in respect of the following

properties:-

(a) Furniture Fixture Fitting and all other attachable movable articles

belonging to and in possession of the judgment debtor above named

lying & being in his commercial premises i.e. Office at 202, status

House, Lathiya Rubber Gally, Opp: Mahavir Industrial Estate, A. K.

Road, Sakinaka, Andheri (East), Mumbai-400 072 and residential

premises Right, title & interest of the judgment debtor above named,

judgment ownership commercial

(b) Premises i.e. Office 202, Status House, Lathiya Rubber Gally, Opp:

Mahavir Industrial Estate, A. K. Road, Sakinaka, Andheri (East),

7-EXA-1490-2022.doc

Mumbai-400 072.

And residential premises as shown by the Judgment Debtor.

6. The execution application accordingly stands disposed.

(ABHAY AHUJA, J.)