SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2024 Supreme(Bom) 1142

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ABHAY AHUJA
Drive India Enterprises Solutions Ltd. – Appellant
Versus
Haier Telecom (India) Pvt. Ltd. And Olive Global Holding Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Mr. Sarosh Bharucha with Ms. Sneha Jaisingh, Mr. Yash Arora and Ms. Janhavi Sakalkar i/b Bharucha and Partners, Advocate
For the Respondent ; Mr. Akash Rebello with Mr. Nadeem Shama, Mr. Hubab Sayyed and Mr. Paras Gosar

JUDGMENT :

ABHAY AHUJA, J.

1. This Interim Application filed by the Judgment Creditor inter alia seeks an order and direction against the Respondent, who is stated to be a Garnishee owing Rs. 17,40,82,984/- to the Judgment Debtor, of attachment and of deposit of the said amount in this Court under Order XXI Rules 46 and 46-A of the Code of Civil Procedure, 1908 (“CPC”) towards execution of decree drawn up pursuant to final order and judgment dated 10th September, 2018.

2. Mr. Bharucha, learned Counsel for the Applicant has submitted that since the Judgment Debtor failed and neglected and refused to comply with the decree and make payment of the decretal amount of Rs. 64,11,78,970.50 along with interest of Rs. 9,63,32,603.43 and with further interest at the rate of 12% per annum from 11th September, 2018, the Applicant was compelled to file Commercial Execution Application. Thereafter, pursuant to an order passed by this Court in the Chamber Summons taken out in the said Commercial Execution Application, the Judgment Debtor was directed to make disclosures. Mr. Bharucha would further submit that although the Judgment Debtor failed to make timely disclosures, however, from the affidavit

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top