Bombay High Court
M/S. New Age Hospitality Services And ... vs Joseph J. Mudaliar on 22 January, 2024
28-wp11821-22.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally signed
by VASANT
VASANT ANANDRAO
ANANDRAO IDHOL
IDHOL Date:
WRIT PETITION NO.11821 OF 2022
2024.02.05
15:22:07 +0530
M/s.New Age Hospitality Services & Ors....Petitioners
V/s.
Joseph J. Mudaliar ...Respondent
Mr.Kunal Bhanage with Mr.Akshay Pawar i/b Mr.S.G. Qureshi
for the Petitioners.
Mr.Aseem Naphade with Mr.Ameet Mehta, Adv.Pratima
Soundulkar and Mr.Rathod i/b Solicis Lex for the Respondent.
CORAM : RAJESH S. PATIL, J.
DATE : 22ND JANUARY, 2024.
P.C. :-
1. This Writ Petition is filed by the original Defendant /
judgment debtor, challenging the orders passed in the Execution
Application, by the Executing Court on 30 March 2021 and as
confirmed by the Revision Court on 26 August 2022.
2. This Court by its order dated 8 December 2022, issued
notice and it was further directed that the Executing Court
should not proceed with the Execution Application.
28-wp11821-22.doc
3. By an order dated 6 April 2023, after hearing the
counsel for both the sides, this Court recorded the submissions
made on behalf of the Petitioners that they would hand over the
keys of Shop Nos.1, 2 and 3 on the ground floor within a period
of one week and also pay Rs.30,00,000/- within a period of four
weeks with applicable G.S.T. The matter was thereafter
adjourned for compliance on 20 April 2023. The matter
thereafter appeared on two occasions, and on 22 June 2023, this
Court after hearing both the sides recorded that the keys of Shop
Nos.1, 2 and 3 of the ground floor were already handed over to
the Respondent. However, it was recorded that the license fees
was still outstanding and the Petitioner has not complied with
the same. It was further directed to the Petitioners to hand over
the keys of the first floor premises to the Respondent on 27 June
2023. So also last chance was granted to the Petitioners to
deposit the arrears of license fees within further period of four
weeks.
4. Thereafter on 3 July 2023, the possession of the first
floor premises was also handed over to the Respondent. On 20
28-wp11821-22.doc
July 2023, when the matter again appeared before this Court,
this Court recorded that the arrears of license fees to the tune of
Rs.4,14,58,784/- were yet to be paid to the Respondent.
However, since the arguing counsel for the Petitioners was not
having any instructions, the matter was adjourned to 27 July
2023. On 27 July 2023, this Court directed the counsel for the
Petitioners that the Petitioners should come up with payment
plan of the outstanding amount of Rs.4,14,58,784/- before the
next date of hearing. The matter was to come up on board on 10
August 2023. It seems that thereafter the matter has not come up
on board.
5. Today counsel appearing for the Petitioners is not able
to make any positive statement as to when the outstanding
amount can be paid by the Petitioners. In such a situation, in
spite of the orders passed by this Court, the Petitioners have not
paid the sum of Rs.30,00,000/- as directed by an order dated 6
April 2023 and further a sum of Rs.4,14,58,784/- as directed by
this Court in the order dated 28 July 2023, which according to
me amounts to contempt of the directions given by this Court
28-wp11821-22.doc
and undertaking given to this Court.
6. Issue contempt notice to Petitioner Nos.2 and 3,
returnable on 20 February 2024.
7. The Executing Court is hereby directed to proceed
further with the execution proceedings. Hearing of the Execution
proceedings No.3 of 2020 pending before the Court of Small
Causes, Bandra, Mumbai is hereby expedited.
7. Stand over to 20 February 2024.
(RAJESH S. PATIL, J.)
