Bombay High Court
Parasram H Bhojwani vs Pravinchand Sehgal And 2 Ors And Rem ... on 25 January, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
3-GRN(L) 34281.2022 in IA(L) 5297.2022.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GARNISHEE NOTICE (L) NO.34281 OF 2022
IN
INTERIM APPLICATION (L) NO.5297 OF 2022
Parasram H. Bhojwani ... Applicant
In the matter between
Parasram H. Bhojwani ... Judgment Creditor
(Original Plaintiff)
Versus
Pravinchand Sehgal & Ors., ...Judgment Debtors
(Original Defendants)
And
Shree Mahavir Textile Mills ...Respondent(Garnishee)
----------
S.C. Naidu a/w Mr. Sudesh Naidu, Mr. Pradeep Kumar, Mr. Abhishek
Ingale i/b C.R. Naidu & Co., Advocates for Applicant/Judgment
Creditor.
Mr. Anuj Desai a/w Mr. Yash Gawade, Advocates for Respondent.
----------
CORAM : R.I. CHAGLA J.
DATED : 25TH JANUARY, 2024.
ORDER :
KAVITA
SUSHIL 1. Mr. Naidu, learned Counsel appearing for the
JADHAV
Applicant/Judgment Creditor has referred to the order dated 14 th
3-GRN(L) 34281.2022 in IA(L) 5297.2022.doc
October, 2022 passed by the learned Single Judge of this Court, by
which it was recorded that the Respondent Nos. 1 to 18 which
includes Shree Mahavir Textile Mills as Respondent No.16 owes a
debt to Ganapati Enterprises, a Sole Proprietorship of Pravinchand
Sehgal, H.U.F.. Accordingly, the learned Single Judge of this Court
had issued Show Cause Notice under Order XXI Rule 46-A of the
Code of Civil Procedure, 1908 ("CPC") calling upon the Respondents
to show cause why they ought not to pay into the Court the
mentioned amounts before the returnable date, by filing an Affidavit,
failing which the Respondents ought to appear before this Court. It
was further recorded that in default, an order for payment of the
aforesaid amounts will be passed against the Respondents.
2. Mr. Naidu has thereafter referred to the order dated 10 th
July, 2023 passed by the Supreme Court, by which an SLP filed by
Gorkap Properties Investments Private Limited challenging the said
order dated 14th October, 2022 had been dismissed. He has
submitted that the said order dated 14 th October, 2022 has attained
finality. He has referred to the order dated 28 th February, 2023 by
which this Court had in default of responding to the Garnishee Notice
and none appearing for the Garnishee-Shree Mahavir Textile Mills,
3-GRN(L) 34281.2022 in IA(L) 5297.2022.doc
directed the Garnishee to deposit the sum of Rs.2,00,66,214.95
within a period of four weeks from the date of the said order and
accordingly, the Garnishee Notice was disposed of.
3. Mr. Naidu has accordingly submitted that the non-
compliance of the order dated 28th February, 2023 by the Garnishee is
required to be taken note of. Further, Shree Mahavir Textile Mills is
required to deposit the said amount of
Rs.2,00,66,214.95 in this Court.
4. Having considered the submissions, it is necessary to note
that the Judgment Debtor No.1 had in Disclosure Affidavit stated that
Respondent Nos. 1 to 18 including Shree Mahavir Textile Mills-
Respondent No.16 owe a debt to Ganapati Enterprises, a Sole
Proprietory concern of Pravinchand Sehgal, H.U.F.. The learned
Single Judge had issued a Notice under Order XXI Rule 46-A of the
CPC to the Respondents. This resulted in order dated 28 th February,
2023 directing the Garnishee- Shree Mahavir Textile Mills to deposit
the aforementioned amount in Court. The Garnishee- Shree Mahavir
Textile Mills has failed to comply with the said order dated 28 th
February, 2023.
3-GRN(L) 34281.2022 in IA(L) 5297.2022.doc
5. In view thereof, the Garnishee-Shree Mahavir Textile Mills
shall comply with the said order dated 28th February, 2023 by
depositing the sum of Rs.2,00,66,214.95 within a period of two
weeks from the date of this order.
6. The Garnishee Notice shall be placed on 20th February, 2024
alongwith other Garnishee Notices in the above matter.
[R.I. CHAGLA, J.]
