Bombay High Court
Parasram H. Bhojwani vs Pravinchand Sehgal And 2 Ors on 18 April, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
901-GRN(L)-34280-22-GRN(L)-34281-22@CONNECTED MATTERS.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
GARNISHEE NOTICE (L) NO.34280 OF 2022
IN
INTERIM APPLICATION (L) NO.5297 OF 2022
PARASRAM H. BHOJWANI )...APPLICANT
IN THE MATTER BETWEEN
PARASRAM H. BHOJWANI )..JUDGMENT CREDITOR
(ORIGINAL PLAINTIFF)
V/s.
PRAVINCHAND SEHGAL AND OTHERS )...JUDGMENT DEBTORS
(ORIGINAL DEFENDANTS)
AND
GANAPATI ENTERPRISES )...RESPONDENT
(GARNISHEE)
Mr.Navin Arora, Advocate for the Garnishee.
Mr.S.C.Naidu a/w. Mr.Aniket Poojary, Mr.Sudeshkumar Naidu,
Mr.Abhishek Ingale, Mr.Pradeep Kumar i/by C.R.Naidu & Co.,
Advocate for the Judgment Creditor.
CORAM : ABHAY AHUJA, J.
DATE : 18th APRIL 2024 P.C. :
1. When the matter is called out, Mr.Arora, learned Counsel, appears for the Garnishee viz. Ganapati Enterprises and submits avk 1/7 ::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 19:22:01 ::: 901-GRN(L)-34280-22-GRN(L)-34281-22@CONNECTED MATTERS.doc that he has instructions to take some time as he has just been instructed in the matter and would need some time to file Vakalatnama and undertakes to file Vakalatnama within a period of two weeks.
2. Mr.Naidu, learned Counsel for the Applicant/Judgment creditor, would submit that, while he has no objection if some time is granted to the new Advocate, however, considering the conduct of the Judgment debtor as well as the Garnishee and keeping in mind the provisions of Order XXI Rule 37 of the Code of Civil Procedure, 1908, (the "CPC"), pursuant to which, this Court has the discretion to treat the Garnishee as the Judgment debtor, this Court direct issuance of show cause notice in Form No.12 of Appendix E to the CPC, requiring Shri Pravinchand Sehgal, Karta of Pravinchand Sehgal (HUF) - Proprietor of Ganapati Enterprises, to show cause why he should not be committed to civil prison for execution of the decree. Mr.Naidu submits that the Garnishee is dodging the Court, and therefore, this Court issue the show cause notice.
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901-GRN(L)-34280-22-GRN(L)-34281-22@CONNECTED MATTERS.doc
3. Having heard the learned Counsel for the Judgment creditor as well as Mr.Arora, who is about to file Vakalatnama on behalf of the Garnishee and having perused order dated 25 th January 2024, this Court directs the Registry to issue show cause notice to Shri Pravinchand Sehgal, Karta of Pravinchand Sehgal (HUF) - Proprietor of Ganapati Enterprises to remain present in Court on 13th June 2024 to show cause as to why he should not be committed to civil prison.
4. List on 13th June 2024.
GARNISHEE NOTICE (L) NO.34281 OF 2022 IN INTERIM APPLICATION (L) NO.5297 OF 2022
5. When the matter is called out, Mr.Arora, learned Counsel, appears for the Garnishee viz. Shree Mahavir Textile Mills and submits that he has instructions to take some time as he has just been instructed in the matter and would need some time to file Vakalatnama and undertakes to file Vakalatnama within a period of two weeks.
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901-GRN(L)-34280-22-GRN(L)-34281-22@CONNECTED MATTERS.doc
6. Mr.Naidu, learned Counsel for the Applicant/Judgment creditor, would submit that, while he has no objection if some time is granted to the new Advocate, however, considering the conduct of the Judgment debtor as well as the Garnishee and keeping in mind the provisions of Order XXI Rule 37 of the Code of Civil Procedure, 1908, (the "CPC"), pursuant to which, this Court has the discretion to treat the Garnishee as the Judgment debtor, this Court direct issuance of show cause notice in Form No.12 of Appendix E to the CPC, requiring Shri Pravinchand Sehgal, Karta of Pravinchand Sehgal (HUF) - Proprietor of Shree Mahavir Textile Mills, to show cause why he should not be committed to civil prison for execution of the decree. Mr.Naidu submits that the Garnishee is dodging the Court, and therefore, this Court issue the show cause notice.
7. Having heard the learned Counsel for the Judgment creditor as well as Mr.Arora, who is about to file Vakalatnama on behalf of the Garnishee and having perused order dated 25 th January 2024, this Court directs the Registry to issue show cause notice to Shri avk 4/7 ::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 19:22:01 ::: 901-GRN(L)-34280-22-GRN(L)-34281-22@CONNECTED MATTERS.doc Pravinchand Sehgal, Karta of Pravinchand Sehgal (HUF) - Proprietor of Shree Mahavir Textile Mills to remain present in Court on 13th June 2024 to show cause as to why he should not be committed to civil prison.
8. List on 13th June 2024.
GARNISHEE NOTICE (L) NO.34260 OF 2022 AND GARNISHEE NOTICE (L) NO.34262 OF 2022 IN INTERIM APPLICATION (L) NO.5297 OF 2022
9. In both these matters time was extended for the Judgment debtor to file affidavit of disclosure as per paragraph 3 of order dated 18th December 2023.
10. Today, when the matter is called out, Mr.Arora, learned Counsel, appears on behalf of the Judgment debtor no.1, who is present in Court, and submits that the affidavits have been filed, however, he is unable to furnish a copy of the same to Mr.Naidu, learned Counsel for the Judgment creditor and seeks some time to file Vakalatnama as well as ascertain the date on which the said avk 5/7 ::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 19:22:01 ::: 901-GRN(L)-34280-22-GRN(L)-34281-22@CONNECTED MATTERS.doc affidavits were filed. Learned Counsel undertakes to file Vakalatnama on behalf of the Judgment debtor no.1 within a period of two weeks.
11. At his request, list on 9th May 2024.
GARNISHEE NOTICE (L) NO.34282 OF 2022 IN INTERIM APPLICATION (L) NO.5297 OF 2022 WITH GARNISHEE NOTICE (L) NO.34318 OF 2022 IN INTERIM APPLICATION (L) NO.2753 OF 2020
12. When the matters are called out, Mr.Arora, learned Counsel, appears for the Garnishee and submits that he has just received instructions and some time be granted to file Vakalatnama. Let the Vakalatnama be filed within a period of two weeks.
13. Mr.Naidu, learned Counsel appears for the Judgment creditor in these matters and submits that although by earlier order dated 27th February 2024, this Court had issued directions to issue show cause notice under Order XXI Rule 37 of the Code of Civil Procedure, 1908, (the "CPC) to Mr.Pravinchand Sehgal to avk 6/7 ::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 19:22:01 ::: 901-GRN(L)-34280-22-GRN(L)-34281-22@CONNECTED MATTERS.doc show cause as to why he should not be committed to civil prison and accordingly, show cause notice was issued and served upon Mr.Pravinchand Sehgal, what has been filed in response to the said show cause notice is a reply, which is a reply to the garnishee notice and not to the show cause notice issued by the Court under Order XXI Rule 37 of the CPC.
14. Although, Mr.Pravinchand Sehgal is present in Court, however, since no explanation has been furnished for showing cause as to why he should not be committed to civil prison in execution of the decree passed against him on 3 rd May 2018, as and by way of last chance, let Mr.Pravinchand Sehgal furnish an explanation by way of an affidavit in reply to the show cause notice, within a period of two weeks.
15. List on 9th May 2024.
(ABHAY AHUJA, J.) ARTI VILAS KHATATE Digitally signed by ARTI VILAS KHATATE Date: 2024.04.18 19:03:40 +0530 avk 7/7 ::: Uploaded on - 18/04/2024 ::: Downloaded on - 19/04/2024 19:22:01 :::