Bombay High Court
Parasram H Bhojwani vs Pravinchand Sehgal And 2 Ors And Rem ... on 14 October, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
10.ia(l).5297.2022.doc
UTKARSH
KAKASAHEB
BHALERAO IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by ORDINARY ORIGINAL CIVIL JURISDICTION
UTKARSH KAKASAHEB
BHALERAO
Date: 2022.10.17
17:37:23 +0530
INTERIM APPLICATION (L) NO. 5297 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 565 OF 2019
IN
SUMMONS FOR JUDGMENT NO. 9 OF 2018
IN
COMMERCIAL SUMMARY SUIT NO. 855 OF 2017
Parasram H. Bhojwani .. Applicant
(Judgment Creditor)
In The Matter Between:
Parasram H. Bhojwani .. Org. Plaintiff
Vs.
1)Pravinchand Sehgal (Jd-1)
2)Gaurav Sehgal
3)Pooja Sehgal (Jd-3) .. Org. Defendants
Mr. S.C. Naidu a/w Aniketh Poojari, Divya Yajurvedi, Sudesh Naidu, Pradeep
Kumar, Parshva Shahi i/b C.R. Naidu & Co. for the Applicant.
Mr. Anuj Desai a/w Yashashree Munde, Sailee Dhayalkar i/b Parinam Law
Associates for Defendant Nos. 1 & 3.
CORAM:- B. P. COLABAWALLA,J.
DATE :- OCTOBER 14, 2022.
Utkarsh page 1 of 11
10.ia(l).5297.2022.doc
P. C.:
1. The above Interim Application is filed seeking following reliefs :
"a) Order and Direct for levy of attachment on the following Bank Accounts of the "Parvinchand Narindernath Sehgal (HUF)", and further direct the Court Receiver, High Court Bombay, in exercise its powers under Order XL Rule 1 to issue requisition to the Branch Manager of the said Banks calling upon each of them to forward / transmit the amount lying to the credit in the aforesaid Bank Accounts within 3 days from the date of order:
Sr BANK (BRANCH) ACCOUNT NO. NAME OF A/C. no HOLDER 1 0166102000012227 Parvinchand IDBI Bank Narindernath IFSC: IBKL0000166 Sehgal (HUF), (GROUND FLOOR, KAILASH DARSHAN BUILDING, SHANKAR SHETH ROAD, KENNEDY BRIDGE, NANA CHOWK, MUMBAI 400 007.)
2 317004010029354 Parvinchand Union Bank Narindernath IFSC Code : UBIN0531707 Sehgal (HUF) Address:
SHRI SADAN, SHANTABEN
ESTATE,GOREGAON
(EAST),MUMBAI - 400 063.
Utkarsh page 2 of 11
10.ia(l).5297.2022.doc
3 000313100006628 Parvinchand
BHARAT CO-OP. BANK (MUMBAI) Narindernath
Ltd. Sehgal (HUF)
IFSC CODE :
BCBM0000004
Address:'SHIVGIRI' PLOT NO. 11,
GROUND FLOOR,SAMANT
ESTATE,GOREGAON (EAST),
MUMBAI-400063.
4 004110100005919 Parvinchand
PUNJAB MAHARASHTRA CO-OP. Narindernath
BANK LTD. Sehgal (HUF)
IFSC CODE :
PMCB00000004
Address:
MAJAS EVERGREEN SOCIETY
ANDHERI EAST MUMBAI -93
5 000310100454590 Parvinchand
BHARAT CO-OP. BANK (MUMBAI) Narindernath
Ltd. Sehgal (HUF)
IFSC CODE :
BCBM0000004
Address:
'SHIVGIRI' PLOT NO.11, GROUND
FLOOR, SAMANT ESTATE,
GOREGAON (EAST), MUMBAI-
400063
b) Order and Direct the Court Receiver, High Court Bombay to
credit the amount transmitted by the Banks to the Account of the Execution Application;
c) Order and Direct, under the provisions of Order XXI Rule 46 of CPC, attachment of debt payable to Ganpati Enterprises and/or "Parvinchand Narindernath Sehgal (HUF)" by the 3rd Parties as set out in table A & B above, alongwith interest at contractual rate from the date when the above amount was received by them from Ganpati Enterprises and/or "Parvinchand Narindernath Sehgal (HUF)" till the date of deposit to the credit of the present Execution Application.
Utkarsh page 3 of 11
10.ia(l).5297.2022.doc
d) Issue Notice to REM Enterprises, the Respondent No.1
Garnishee, herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt d ue from it to the Ganpati Enterprises in the sum of Rs.14,48,03,581.64/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
e) Issue Notice to Abhirav Infra Realtor Pvt. Ltd., the Respondent No. 2 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Ganpati Enterprises in the sum of Rs. 1,13,17,696/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
f) Issue Notice to the Gaurav Sehgal, the Defendant No.2 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon him to pay into Court the debt due from him to the Ganpati Enterprises in the sum of Rs.3,26,54,991.80/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
g) Issue Notice to the Branch Manager of Bharat Bank Respondent No. 4 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon him to pay into Court the debt due from him to the Ganpati Enterprises in the sum of Rs.2,27,72,477/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
h) Issue Notice to the Ramgopal & Company Respondent No.5 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Ganpati Enterprises in the sum of Utkarsh page 4 of 11
10.ia(l).5297.2022.doc Rs.10,99,212/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
i) Issue Notice to the Arjun Kapoor, the Respondent No.6 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon him to pay into Court the debt due from him to the Ganpati Enterprises in the sum of Rs.5,25,000/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
j) Issue Notice to the Suman Kapoor, the Respondent No.7 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon her to pay into Court the debt due from her to the Ganpati Enterprises in the sum of Rs.3,45,000/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
k) Issue Notice to the Dilip Kapoor, the Respondent No.8 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon him to pay into Court the debt due from him to the Ganpati Enterprises in the sum of Rs.5,00,000/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
l) Issue Notice to Gorkap Properties and Investment Pvt. Ltd., the Respondent No.9 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Ganpati Enterprises in the sum of Rs.24,00,000/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
m) Issue Notice to Imliakum Ozukum, the Respondent No.10 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Ganpati Enterprises in the sum of Utkarsh page 5 of 11
10.ia(l).5297.2022.doc Rs.29,50,000/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
n) Issue Notice to S. M. Kapoor & Company, the Respondent No.11 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Ganpati Enterprises in the sum of Rs.47,840/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
o) Issue Notice to S. K. Mishra Respondent No.12 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon him to pay into Court the debt due from him to the Ganpati Enterprises in the sum of Rs. 85,500/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
p) Issue Notice to M. Ather Siddiqui Respondent No.13 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon him to pay into Court the debt due from him to the Ganpati Enterprises in the sum of Rs.2,77,500/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
q) Issue Notice to Malini V. Seth Respondent No.14 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon her to pay into Court the debt due from her to the Ganpati Enterprises in the sum of Rs.5,00,000/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
r) Issue Notice to Ganapati Enterprises Respondent No.15 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Parvinchand Narindernath Sehgal (HUF) in the sum of Rs.54,28,691.54/-, together with costs of execution or Utkarsh page 6 of 11
10.ia(l).5297.2022.doc to appear in this Hon'ble Court to show cause why it should not do so.
s) Issue Notice to Shree Mahavir Textile Mills Respondent No.16 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Parvinchand Narindernath Sehgal (HUF) in the sum of Rs.2,00,66,214.95/-, together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
t) Issue Notice to N. P. Textile Mills Respondent No.17 Garnishee herein, in exercise of powers conferred by Order XXI Rule 46 A, calling upon it to pay into Court the debt due from it to the Parvinchand Narindernath Sehgal (HUF) in the sum of Rs. Rs.4,00,000/- together with costs of execution or to appear in this Hon'ble Court to show cause why it should not do so.
u) Order and Direct the Court Receiver, High Court Bombay to pay the amounts, deposited in Court by the Banks in terms of Prayer clause (a) & (b), to the Applicant;
v) Order and Direct the Prothonotary and Sr. Master to pay the amounts, deposited in Court by the 3 rd Parties in terms of Prayer clause (c) to (q), to the Applicant;
w) Order and Direct the Prothonotary and Sr. Master to pay the amounts, deposited in Court by the 3 rd Parties in terms of Prayer clause (r) to (t), to the Applicant, to the extent of the share of JD1 in HUF;
x) Such other and further orders or grant reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case;
Utkarsh page 7 of 11
10.ia(l).5297.2022.doc
y) Ad-interim/Interim reliefs in terms of prayers (a) to (t) hereof.
z) Costs of this Interim Application may be granted".
2. The learned counsel for the Applicant Judgment Creditors, applies for show cause notices to be issued under Order XXI Rule 46A to the parties/person mentioned in prayer clauses (d) to (t) above, to show cause as to why the sum of monies set out against their respective names together with cost of execution ought not to be deposited in this Court towards execution of the decree and for appropriation towards payment of the decreetal amount.
3. Heard the learned counsels for both parties and perused the additional affidavit affirmed by Judgment Debtor No.1 dated 5 th February, 2022 in Interim Application No.5297 of 2022 [IA(L)No.23406 of 2021] in Commercial Execution Application No.565 of 2019.
4. Judgment Debtor No.1, by the said affidavit, has disclosed that Respondent Nos.1 to 18 owe a debt to Ganpati Enterprises, a Sole Properietorship of Pravinchand Sehgal HUF, for the sums more specifically set out at pages 259, 266 & 267 of the said additional affidavit. Hence Garnishee Notice be issued to the said Respondent Utkarsh page 8 of 11
10.ia(l).5297.2022.doc Nos.1 to 18 to show cause why the amounts set out hereinafter against their respective names should not be deposited in Court together with costs.
5. After hearing the parties and considering the submissions made before me, the office is hereby directed to issue Show Cause Notice under Order XXI Rule 46A of the CPC, 1908 returnable on 17 th November 2022, calling upon each of the Respondents namely :-
a. REM Enterprises, the Respondent No. 1 Rs.14,48,03,581.64/- b. Abhirav Infra Realtor Pvt. Ltd., Respondent No. 2 Rs. 1,13,17,696/-
c. Gaurav Sehgal, the Defendant No.2 Rs.3,26,54,991.80/-; d. Branch Manager of Bharat Bank Respondent No.4 Rs.2,27,72,477/-;
e. Ramgopal & Company Respondent No.5 Rs.10,99,212/-; f. Arjun Kapoor, the Respondent No.6 Rs.5,25,000/-; g. Suman Kapoor, the Respondent No.7 Rs.3,45,000/-; h. Dilip Kapoor, the Respondent No.8 Rs.5,00,000/-;
i. Gorkap Properties and Investment Pvt. Ltd., the
Respondent No.9 Rs.24,00,000/-;
j. Imliakum Ozukum, the Respondent No.10 Rs.29,50,000/-;
k. S. M. Kapoor & Company, the Respondent No.11
Rs.47,840/-;
Utkarsh page 9 of 11
10.ia(l).5297.2022.doc
l. S. K. Mishra Respondent No.12 Rs.85,500/-;
m. M. Ather Siddiqui Respondent No.13 Rs.2,77,500/-;
n. Malini V. Seth Respondent No.14 Rs.5,00,000/- ;
o. Ganapati Enterprises Respondent No.15 Rs.54,28,691.54/-;
p. Shree Mahavir Textile Mills Respondent No.16
Rs.2,00,66,214.95/-;
q. N. P. Textile Mills Respondent No.17 Rs.4,00,000/-;
to show cause as to why they ought not to pay into Court the aforestated amounts before the returnable date, by filing an affidavit, failing which the Respondents are required to appear before this Court on 17 th November, 2022 at 10.30 a.m. in the forenoon either in person or by an advocate entitled to practice in this Court to show cause why the said Respondents should not be ordered to do so. In default, an order for payment of the aforesaid amounts will be passed against the Respondents.
6. Copies of show cause notices be also served upon Judgment Debtor No. 1 as per Rule 345 of the Bombay High Court (Original Side) Rules.
7. The order dated 13th April, 2022 (corrected on 21st April, 2022) will continue to operate pending the Execution Application.
Utkarsh page 10 of 11
10.ia(l).5297.2022.doc Further order in terms of prayer clause (a) & (b) shall be considered after the above garnishees respond to their respective show cause notices.
8. It is needless to clarify that this order is passed without prejudice to the rights and contentions of both parties and including the argument of Judgment Debtor No. 1 that M/s. Ganpati Enterprises is not a Sole Proprietary concern of Judgment Debtor No. 1 but is a Sole Proprietary concern of Pravinchand Sehgal HUF in which Judgment Debtor No. 1 has only a 1/3rd share.
9. List the above Interim Application on 17th November, 2022.
10. This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
Utkarsh page 11 of 11