Bombay High Court
Vijay Karia And 38 Ors vs Prysmian Cavi E Sistemi ... on 5 April, 2022
Author: B. P. Colabawalla
Bench: B. P. Colabawalla
18.ia.216.21..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed
ANJALI by ANJALI
TUSHAR
ASWALE
TUSHAR ASWALE
Date: 2022.04.07
10:45:38 +0530
INTERIM APPLICATION NO. 216 OF 2021
IN
COMM. EXECUTION APPLICATION(L)NO. 263 OF 2019
Vijay Karia & Ors ..Applicants
IN THE MATTER BETWEEN
Prysmian Cavi E Sistemi S. r. l. ..Petitioner / Decree Holder
Vs.
Vijay Karia & Ors ..Respondents
And
Reserve Bank of India ..Proposed Respondent
Mr.Vikram Nankani, Senior Counsel a/w Yash Monaya, Teresa Daulat,
Mohanish Patkar, Siddharth Nunes i/b TRD Associates for applicant in
IA/216/2021 & for Org. Respondent Nos. 1,5 to 7, 9, 58-A, 61, 65 and 66
in COMEX/21/2021.
Mr. Darius J. Khambata, Senior Counsel a/w Zubin Behram Kamdin,
M.P.Bharucha, Ms. Sneha Jaisingh, Prangana Barua, Aastha Kaushal &
Tanya Chaudhary i/b Bharucha & Partners, for the Applicant in
COMEX/21/2021.
Dr. Birendra Saraf, Senior Counsel a/w Manthan Unadkar i/b Unadkar
& Co, for Respondent Nos. 3,4,1 to 18, 46 to 48 & 77.
Mr.Karl Tamboly a/w Teresa Daulat, Mohanish Patkar & Siddharth
Nunes i/b TRD Associates for Respondent no. 20,22,23,25,27,28,31 to
34, 36 to 42, 44,45,50 to 57, 64 and 73.
Mr.Ganesh Murthy i/b K.V.Aiyar & Associates, for Defendant Nos. 70 &
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18.ia.216.21..doc
72.
Mr. Ajay B. Malvankar, Section Officer and Sampada Surve, ASO of
the office of Court Receiver is present
CORAM:- B. P. COLABAWALLA,J.
DATE :- APRIL 5, 2022.
P. C.:
Mr. Nankani, the learned Senior Counsel appearing on behalf of the Applicants in the above Interim Application (Original Respondents), submits that if the points raised by him in the above Interim Application are kept open for him to argue at the time of opposing the Execution Application, and/or any proceedings filed by the Judgment Creditor, in the above Execution Application, he has instructions to withdraw the above Interim Application which seeks to implead RBI as a party Respondent.
2 Mr. Khambata, the learned Senior Counsel appearing on behalf of the Judgment Creditor, submitted that the Judgment Creditor does not accept the contentions raised by the Judgment Debtors in the above application as correct. However, without prejudice to all the rights and contentions of the Judgment Creditor, if the aforesaid Aswale page 2 of 4
18.ia.216.21..doc application is allowed to be withdrawn, then, the Judgment Creditor can really have no objection.
3 Having heard both parties, and in view of the statements made by Mr. Nankani as well as Mr. Khambata, the above Interim Application is dismissed as withdrawn.
4 It is made clear that the points raised by the Applicants in the above Interim Application (Original Respondents) are kept open for the Respondents to agitate at the time of opposing the above Execution Application or any proceedings filed therein. It is further made clear that the Applicants shall not be allowed to canvass in the future that RBI needs to be joined as a party Respondent in the above Execution Application or any proceedings therein. It is further clarified that merely keeping the points (raised in the above Interim Application) open to be agitated in the future, should not be construed to mean that I have opined one way or the other on the merits of those points. Those points, if and when agitated, shall be decided on their own merits and in accordance with law.
5 The Interim Application is accordingly disposed of. No
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18.ia.216.21..doc
order as to costs.
6 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. )
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