Bombay High Court
Gunina Ventures India Pvt. Ltd vs National Cooperative Consumers ... on 9 January, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
27-ia-2816-2023.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.2816 OF 2023
IN
EXECUTION APPLICATION (L) NO.682 OF 2020
Gunina Ventures (India) Pvt. Ltd. ...Applicant /
Petitioner
Versus
National Cooperative Consumers Federation of ...Respondent
India Ltd.
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Mr. Nitesh Bhutekar for the Applicant / Petitioner.
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CORAM : R.I. CHAGLA J.
DATE : 9TH JANUARY, 2024.
ORDER :
1. By this Interim Application, the Applicant / Decree
Holder has sought attachment of the bank accounts of the
Respondent as well as appointment of Court Receiver for taking
possession of the properties of the Judgment Debtor and for handing
over the same to the Decree Holder for selling the same by private
treaty or public auction and recover the outstanding dues as per
award.
27-ia-2816-2023.doc
2. The learned counsel appearing for the Applicant /
Decree Holder states that the Respondent / Judgment Debtor has
been served and tenders an Affidavit of Service dated 21st August,
2023 which is taken on record. The Affidavit of Service shows that
the Respondent / Judgment Debtor has been served by RPAD and the
tracking report of the consignment from the website of Indian Post
bears the remark "Item Delivered Confirmed". Further, the
Respondent has also been served through email which is mentioned
on the official website of the Respondent. However, inspite of service,
the Respondent / Judgment Debtor has not made an appearance.
3. The learned Counsel for the Applicant / Decree Holder
has sought attachment of the bank accounts of the Respondents as
mentioned in Column J of the Execution Application which are two
bank accounts being Account No.1051864124 of Central Bank of
India, Mumbai 400 011 and other bank Account No.34827894847 of
State Bank of India, New Delhi.
4. The learned Counsel for the Applicant / Decree Holder
has also referred to the award which was passed by the learned
Arbitrator on 13th September, 2019, the operative part of which
27-ia-2816-2023.doc
mentions that the amounts payable by the Respondent are
Rs.52,70,817/-, Rs.19,56,147/- and 2,90,65,870/- from 1st April,
2009, 1st April, 2010 and 1st April, 2011 together with interest @
12% p.a. from 1st April, 2011 respectively till the payment and / or
realization.
5. The learned Counsel for the Applicant / Decree Holder
has in the Interim Application at Exhibit A set out the table showing
the gross total due from the Respondent / Judgment Debtor and
which amounts to Rs.14,36,02,634/- which is due and payable till
30th June, 2023. He has further submitted that the Respondent /
Judgment Debtor has not made any payment in satisfaction of the
award which has become a decree of this Court.
6. Considering that none appears for the Respondent /
Judgment Debtor, as and by way of last chance, the matter is being
stood over to 17th January, 2024. The Advocate for the Applicant /
Decree Holder shall serve notice of this Order on the Respondent /
Judgment Debtor and file Affidavit of Service on or before next date.
[ R.I. CHAGLA J. ]
