Madhukar Patil And Shobhana M. Patil vs Sanjeeb Sharma And Khushboo Sharma
2024 Latest Caselaw 3231 Bom

Bombay High Court

Madhukar Patil And Shobhana M. Patil vs Sanjeeb Sharma And Khushboo Sharma on 2 February, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                  39-IA-1951-2022.doc


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

                    INTERIM APPLICATION NO.1951 OF 2022
                                    IN
                   EXECUTION APPLICATION NO.2351 OF 2015

 MADHUKAR PATIL AND ANR.                          )...APPLICANTS

                               IN THE MATTER BETWEEN

 VISIBLE CHITS (MAHARASHTRA)                      )
 PVT. LTD AND ANR                                 )...APPLICANTS
          V/s.
 SANJEEB SHARMA AND ORS.                          )...RESPONDENTS
                             WITH
       COMMERCIAL EXECUTION APPLICATION (L) NO.2841 OF 2018
                             WITH
              INTERIM APPLICATION NO.2272 OF 2021
                              IN
       COMMERCIAL EXECUTION APPLICATION (L) NO.2841 OF 2018

 Mr.D. Banerji a/w Miss. Neha Achliya i/b Ms.Sapna Rachure, Advocates
 for the Applicants.
 None for the Respondents.

                           CORAM      :     ABHAY AHUJA, J.

                           DATE       :     2nd FEBRUARY, 2024


 P.C. :



 1.       This      Application    seeks   to   withdraw       the      amount          of

Rs.1,17,23,372/- lying deposited with the Prothonotary and Senior

Master of this Court being the proceeds from the sale of Flats

39-IA-1951-2022.doc

No.102/103, 1st Floor, Building No.A-4, RNA Park, Vashi Naka, Mumbai

- 400074.

2. Mr.Banerji, learned Counsel for the Applicant, draws the

attention of this Court to judgment dated 3 rd February 2017 pursuant to

which the Defendants were ordered and decreed to pay the Plaintiffs a

sum of Rs.1,11,00,000/- along with interest at the rate of 18% per

annum from the date of filing of the Suit till payment and/or

realization and costs of the Suit. A perusal of the said judgment

indicates that the Plaintiffs were also directed to serve a copy of the

judgment on the Defendants by Registered Post AD at the addresses

shown in the plaint by the Advocate. Upon a query from this Court

whether the said direction has been complied with, Mr.Banerjee for the

Applicants seeks some time to take instructions and furnish a copy of

the documents evidencing service of the judgment.

3. As far as the service of the Interim Application to the Defendants

is concerned, Mr.Banerjee has drawn the attention of this Court to

affidavit of service dated 11th July 2023 which indicates that Interim

Application No.1951 of 2022 in Execution Application No.2351 of

2015 along with the Commercial Execution Application (L) No.2841 of

39-IA-1951-2022.doc

2018 as well as the Interim Application (L) No.5224 of 2021 in

Commercial Execution Application (L) No.2841 of 2018 have been

served on Visible Chits (Maharashtra) Private Limited as well as the

Defendants in the Suit.

4. Accordingly, list on 16th February 2024.

(ABHAY AHUJA, J.)