Kulwant Singh Mokha vs Gurucharan Singh Mokha And Ors
2024 Latest Caselaw 937 Bom

Bombay High Court

Kulwant Singh Mokha vs Gurucharan Singh Mokha And Ors on 15 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                     16-IA-8-23.doc

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

                           INTERIM APPLICATION NO. 8 OF 2023
                                          IN
                      EXECUTION APPLICATION NO. 1485 OF 2022


      Kulwant Singh Mokha                                 ...Applicant/
                                                          Plaintiff

                Versus

      Gurucharan Singh Mokha & Ors.                       ...Respondents
                                 ----------
      Mr. Vivekanand Akshali i/by Devmani Shukla for the Applicant.
      Mr. Dakshesh Vyas a/w Mr. Akshay Udeshi for the Respondent No. 1.
      Ms. Nikita Abhyankar a/w Mr. Rahul Gaikwad i/by Gravitas Legal for
      the Respondent Nos. 7(a) to 7(d).
                                    ----------
                                        CORAM : R.I. CHAGLA J
                                         DATE : 15 January 2024
      ORDER :

1. The present Interim Application seeks issuance of

precept under Section 46 of Code of Civil Procedure in relation to the

leased piece and parcel of land viz. Plot No. A - 396 in Wagle

Industrial Area, Panchpakhadi, Thane described in Column J of the

Execution Application.

2. Admittedly, the property is belonging to M.I.D.C. The

16-IA-8-23.doc

erstwhile partnership firm was a lessee in respect of the subject

property. M.I.D.C. is not before this Court. Hence, the precept as

contemplated under Section 46 of the Code of Civil Procedure, 1908

to the Thane Court for execution of decree by attachment of the

property belonging to the Respondents/Judgment Debtors and

specified in the precept cannot be issued. M.I.D.C. is required to be

brought before this Court.

3. The Applicant applies for leave to carry out amendment

of the Interim Application to make M.I.D.C. a party.

4. Leave is granted. The Applicant shall carry out

amendment within a period of one week from the date of this order.

Re-verification is dispensed with.

5. Upon M.I.D.C. being made a party, notice shall be issued

by the Applicant to M.I.D.C. along with service of paper and

proceedings to appear on the next date.

6. Interim Application shall be placed on 31st January

2024.

[R.I. CHAGLA J.]