Bombay High Court
Manish K. Ajmera And Anr vs Ketan T. Shah And 2 Ors on 28 January, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
11.CPCD.21680.21..doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ANJALI Digitally signed by ANJALI TUSHAR IN ITS COMMERCIAL DIVISION TUSHAR ASWALE ASWALE Date: 2022.01.29 17:34:45 +0530 CONTEMPT PETITION (L)NO.21680 OF 2021 IN INTERIM APPLICATION NO. 467 OF 2021 IN COMMERCIAL EXECUTION APPLICATION NO. 1729 OF 2018 WITH INTERIM APPLICATION NO. 467 OF 2021 IN COMMERCIAL EXECUTION APPLICATION NO. 1729 OF 2018 Manish K. Ajmera & Anr ..Petitioners Vs. Ketan T. Shah & Ors ..Contemnors Mr.Sanjay Jain a/w Anosh Sequaira, Naresh Chheda, Sakina Electricwala i/b Taurus Lelgal, for the Petitioners/Applicants. Mr.Rajiv Narula a/w mahek Chawdhary, Tarang Jhangiani i/b Jhangiani Narula & aSsociates, for Respondent Nos. 1 and 2. CORAM:- B. P. COLABAWALLA,J.
DATE :- JANUARY 28, 2022. (THROUGH VIDEO CONFERENCING) Aswale 1/3
11.CPCD.21680.21..doc P. C.:
Mr. Narula, the learned counsel appearing on behalf of the Contemnors stated that since Contemnor No.1 was unwell and Contemnor No.3 was arrested in some other matter, the reply has not been filed. He, therefore, requested that two week's time be granted in order to enable the Contemnors to file their affidavit in reply to the show cause notice issued to them.
2 Mr. Jain, the learned counsel appearing on behalf of the Petitioners stated that when the show cause notice was sought to be served on the Contemnors, they refused to accept service of the show cause notice.
3 In answer to this, Mr. Narula submitted that notwithstanding anything else, the Contemnors shall be filing their affidavit in reply to the above Contempt Petition and the show cause notice within a period of two weeks from today. The said statement is accepted as an undertaking given to this Court. 4 It is directed that the Contemnors shall file their affidavit to the show cause notice on or before 11 th February, 2022 and serve a copy of the same on the advocates for the Petitioners. Aswale 2/3
11.CPCD.21680.21..doc 5 Place the above matters on Board on 18th February, 2022. 6 In the above Interim Application No. 467 of 2021, a statement was made by the Judgment Debtors as reflected in the order dated 14th December, 2021 which was thereafter continued upto 2 nd February, 2022. Considering that the above Contempt Petition is kept on 18th February, 2022, Mr. Narula stated that the statement made on behalf of the Judgment Debtors on 14 th December, 2021 shall continue until 22nd February, 2022. The same is accepted as an undertaking given to this Court.
7 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. ) Aswale 3/3