R M Bhuther And Company vs Radhaballabh Silk Mills Private Limite
2024 Latest Caselaw 13954 Bom

Bombay High Court

R M Bhuther And Company vs Radhaballabh Silk Mills Private Limite on 3 May, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                           924-IA(L)-8048-2024.doc


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

             INTERIM APPLICATION (L) NO. 8048 OF 2024
                               IN
          COMMERCIAL EXECUTION APPLICATION NO.43 OF 2023

 PENINSULA LAND LIMITED                                )...APPLICANT
                               IN THE MATTER BETWEEN
 RADHABALLABH SILK MILLS PVT. LTD.                     )...CLAIMANT
          V/s.
 R. M. BHUTHER AND CO. AND ANOTHER         )...RESPONDENTS
                            WITH
           INTERIM APPLICATION (L) NO. 6919 OF 2024
                             IN
       COMMERCIAL EXECUTION APPLICATION NO.43 OF 2023

 Mr.Rohaan Cama, Mr.Pheroze Mehta, Mr.Viren Mandhe and Mr.Sahil
 Singh i/by Wadia Ghandy & Co., Advocate for the Applicant in
 IA(L)/8048/2024.
 Mr.Rohan Sawant a/w. Mr.Lalit Jain i/by Mr.Rakesh Jain, Advocate for
 the Claimant.
 Mr.Viraj Parikh a/w. Mr.Mustafa Nulwala a/w. Mr.S.Shukla a/w.
 Ms.Saloni Shah i/by DSK Legal, Advocate for the Respondents in
 COMEX/43/2023 and for the Applicant in IAL/6919/2024.

                                 CORAM    :    ABHAY AHUJA, J.

                                 DATE     :    3rd MAY 2024

 P.C. :

1. This Application has been circulated at the behest of the

Applicant in Interim Application (L) No.8048 of 2024, in as much as,

924-IA(L)-8048-2024.doc

no reply has been filed in the matter and it is submitted by Mr.Cama,

learned Counsel for the Applicant that the Applicant is apprehensive

that the Judgment creditor would take steps in execution to dispose off

the property referred to in the said interim application, pursuant to

warrant of attachment dated 21st August 2023 and warrant of sale

dated 11th December 2023.

2. Mr.Sawant, learned Counsel for the Judgment creditor, submits

on instructions, that his client has no intention of taking any steps in

furtherance of the execution and will accordingly inform the Sheriff's

office.

3. Mr.Parikh, learned Counsel in the connected Interim Application

(L) No.6919 of 2024 appears for the Applicant/Judgment debtor and

submits that since the attachment of the subject properties are not

being lifted, the question of the Judgment debtor dealing with or

disposing of the properties would not arise.

4. Accordingly, list on 2nd July 2024.

5. Let the replies and rejoinders to the interim applications be filed

by the next date with copies to the others.

(ABHAY AHUJA, J.)