Bombay High Court
Parasram H. Bhojwani vs Pravinchand Sehgal And 2 Ors on 25 January, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
3-GRN(L) 34318.2022 in IA(L) 2753.2020.doc
Kavita S.J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GARNISHEE NOTICE (L) NO.34318 OF 2022
IN
INTERIM APPLICATION (L) NO.2753 OF 2020
Parasram H. Bhojwani ... Applicant
In the matter between
Parasram H. Bhojwani ... Judgment Creditor
(Original Plaintiff)
Versus
Pravinchand Sehgal & Ors., ...Judgment Debtors
(Original Defendants)
And
N.P. Textile Mills ...Respondent(Garnishee)
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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.
None present for Respondent.
----------
CORAM : R.I. CHAGLA J.
DATED : 25TH JANUARY, 2024.
ORDER :
KAVITA 1. Mr. Naidu, learned Counsel appearing for the
SUSHIL
JADHAV
Applicant/Judgment Creditor has referred to the order dated 14 th
October, 2022 passed by the learned Single Judge of this Court, by
3-GRN(L) 34318.2022 in IA(L) 2753.2020.doc
which it was recorded that the Respondent (Garnishee) owes a debt
to Judgment Debtor No.1. 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-N.P. Textile Mills, directed the
Garnishee to deposit the sum of Rs.75,05,929.50/- within a period of
four weeks from the date of the said order and accordingly, the
Garnishee Notice was disposed of.
3-GRN(L) 34318.2022 in IA(L) 2753.2020.doc
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, N.P. Textile Mills is required to
deposit the said amount of Rs.75,05,929.50/- in this Court.
4. In view thereof, the Garnishee-N.P. Textile Mills shall
comply with the said order dated 28th February, 2023 by depositing
the sum of Rs.75,05,929.50/- within a period of two weeks from the
date of this order.
5. The Garnishee Notice shall be placed on 20th February, 2024
alongwith other Garnishee Notices in the above matter.
[R.I. CHAGLA, J.]
