Bombay High Court
Gothic Entertainment vs Kriarj Entertainment Pvt Ltd And 2 Ors on 18 November, 2019
Author: G.S.Kulkarni
Bench: G.S.Kulkarni
7.CHSCD131_2019.doc
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
CHAMBER SUMMONS NO. 131 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 157 OF 2019
Gothic Entertainment ... Applicant/Claimant/
Judgment Creditor
V/s.
Kriarj Entertainment Pvt. Ltd. & Ors. ... Respondents/
Judgment Debtors
Mr. Nitesh Jain a/w. Atul Jain, Ms. Shambhavi Pandey i/b. Shardul
Amarchand Mangaldas & Co. for the applicant/judgment creditor.
Mr. J.S. Kini a/w. Ms. Sapna Krishnappa for respondent no. 2.
Mr. Ankit Lohia a/w. Ms. Nirali Shah i/b. Dua Associates ADR for Noticee No.
2 -Zee Entertainment Enterprises.
Mr. Vaibhav Bhure, Rajeshwar Nawalpure i/b. Jaykar & Partners for Noticee
no. 6.
Mr. Ashish Kamat a/w. Ms. Apeksha Sharma, Thomas, Sanjeel Kadam, Sayalee
Rajpurkar i/b. Kadam & Co. for Vishal Bharadwaj Pictures Pvt. Ltd. (VBPPL) &
Vishal Bharadwaj Films LLP (VBLLP).
CORAM : G.S.KULKARNI, J.
DATE : 18 November 2019 P.C.:
Mr. Kini, learned counsel for the judgment debtor has tendered an affidavit of Prernaa Virendrakumar Arora, respondent no. 2 interalia undertaking that in full and final settlement of the amounts due and payable under the decree, an amount of Rs. 3 crores is agreed to be accepted by the applicant/judgment creditor and the said amount will be paid to the applicant/judgment creditor in the manner as set out in paragraph 8 of the affidavit. The payment is undertaken to be made in five installments and the 1/3 ::: Uploaded on - 20/11/2019 ::: Downloaded on - 20/11/2019 21:05:28 :::
7.CHSCD131_2019.doc post dated cheques to that effect drawn from Account no. 20100016989 Indusind Bank, Andheri (E) branch are sought to be offered, the details of which are also being set out. The post-dated cheques are handed over to the learned counsel for the applicant/judgment creditor during the course of hearing.
2. Mr. Kini, learned counsel for the judgment debtor submits that it is an undertaking of the judgment debtor to make payment of the installments as aforesaid and all the cheques which are issued will be honoured and this is an undertaking to the Court in addition to what has been undertaken in the affidavit tendered today. The undertaking made on behalf of the judgment debtor and statement made by Kini is accepted.
3. By an order dated 11 February 2019, the aforesaid bank account is freezed. It is required to be activated so that the judgment debtor can deposit the funds and cheques which are drawn in favour of the applicant/judgment creditors can be encashed. Accordingly, the said account is defreezed and activated. The judgment debtors are permitted to operate the said account to make payment to the applicant/judgment creditor as also some other parties.
4. Considering the facts of the case, as already judgment debtors were in breach of the orders passed by this Court, it would be appropriate that the judgment debtors would forward a communication through their advocate to 2/3 ::: Uploaded on - 20/11/2019 ::: Downloaded on - 20/11/2019 21:05:28 :::
7.CHSCD131_2019.doc the advocates of the applicants of the balance amounts available in the said bank account as on 25th day of every month in respect of which post-dated cheques are issued. This communication should reach the advocate for the applicant/judgment creditor not later than 25 th day of every month. Considering the undertaking as made to the Court by the judgment debtor and handing over the post dated cheques, learned counsel for the applicant/judgment creditor would submit that the hearing of these proceedings be adjourned to 5 February 2020. The request is reasonable.
5. Mr. Kamat, learned counsel for the garnishee submits that his clients be dropped from the proceedings. However, at this stage of proceedings and as the parties intend to resolve the issues, I do not intend to adjudicate on any issues pertaining to the garnishee. If the need so arises, the garnishee's contentions would be considered on the adjourned date of hearing. As of today, as no order is passed against the garnishee, there is no prejudice caused to the garnishees. All contentions of the garnishee and of the parties in that regard are expres0sly kept open.
6. Accordingly stand over to 5 February 2020. Liberty to apply.
(G.S.KULKARNI, J.) 3/3 ::: Uploaded on - 20/11/2019 ::: Downloaded on - 20/11/2019 21:05:28 :::