Bombay High Court
State Of Maharashtra Through Executive ... vs Bharat Constructions on 29 March, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
12-IA (L) 8213.2023 in COMEX 5.2023.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO.8213 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO. 5 OF 2023
State of Maharashtra through ...Applicant/
The Executive Engineer Original Respondent No.2
PWD World Bank Project Division,
Thane, Maharashtra State
In the matter between
Bharat Constructions ...Decree Holder /
Original Claimant
Versus
State of Maharashtra & 1 Anr., ...Respondents
Original Judgment Debtor
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Mr. M.M. Vashi, Senior Advocate a/w Ms. Prachi Khandage a/w Ms. Aparna Deokar i/b M.P. Vashi & Associates, Advocates for Applicant/ Original Respondent No.2.
Mr. Kedar Dighe, AGP for State of Maharashtra.
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CORAM : R.I. CHAGLA J.
DATE : 29TH MARCH, 2023.
Reasons for this order are given separately. The operative part is as under :
(i) The Applicant shall pay outstanding amount of 1/3 ::: Uploaded on - 29/03/2023 ::: Downloaded on - 31/03/2023 02:10:07 ::: 12-IA (L) 8213.2023 in COMEX 5.2023.doc Rs.3,54,41,518/- as on 28th March, 2023 with further interest till payment to the Decree Holder.
(ii) The Warrant of Attachment dated 17th February, 2023 issued by the Prothonotary and Senior Master of this Court in the above Execution Application is set aside and the attachment levied on the subject property is raised subject to payment being made in (i) above and Sheriff's poundage paid by the Decree Holder.
(iii) Mr. Dighe on behalf of the Applicant herein states on oral instructions that the amount of Rs.3,54,41,518/- will be paid by 5 th April, 2023 to the Decree Holder. Statement is accepted.
(iv) The Decree Holder shall pay the Sheriff's poundage in accordance with Rule 474 of the Bombay High Court (O.S.) Rules on 5th April, 2023.
(v) The Interim Application is accordingly disposed of.
(vi) Interim Application shall be placed for compliance on 6 th April, 2023.
(vii) The parties to act upon authenticated copy of this order and upon being communicated by the Government Pleader's office to 2/3 ::: Uploaded on - 29/03/2023 ::: Downloaded on - 31/03/2023 02:10:07 ::: 12-IA (L) 8213.2023 in COMEX 5.2023.doc the Applicant.
[R.I. CHAGLA J.] 3/3 ::: Uploaded on - 29/03/2023 ::: Downloaded on - 31/03/2023 02:10:07 :::