The High Court of Bombay dismissed an appeal filed by a judgment debtor challenging the execution process, noting that the debtor had remedies under Order XXI CPC for procedural irregularities. The notice of motion was also dismissed following the dismissal of the appeal.
The appeal and the notice of motion were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
(601)-COMAPL-357-19.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION
APPEAL (L) NO.357 OF 2019
IN
CHAMBER SUMMONS (L) NO.910 OF 2019 IN
CHAMBER SUMMONS NO.645 OF 2018
IN
COMM. EXECUTION APPLICATION NO.37 OF 2018 IN SUIT NO.133 OF 2016
Saraswati Education Society ..Appellant Versus Piramal Finance Limited and others ..Respondents
WITH
NOTICE OF MOTION (L) NO.733 OF 2019 IN
APPEAL (L) NO.357 OF 2019 IN
CHAMBER SUMMONS (L) NO.910 OF 2019 IN
CHAMBER SUMMONS NO.645 OF 2018 IN
COMM. EXECUTION APPLICATION NO.37 OF 2018 IN SUIT NO.133 OF 2016
Saraswati Education Society ..Applicant
IN THE MATTER BETWEEN
Saraswati Education Society ..Appellant Versus Piramal Finance Limited and others ..Respondents
BGP. 1 o f 2
(601)-COMAPL-357-19.doc .
Ms. Nikita Jacob a/w C. K. Tripathi, Advocate for the Appellant/Applicant.
Mr. Gaurav Mehta a/w Ms. Shalaka Mehta i/by Dhawal Vussonji & Associates, Advocates for the Respondents.
CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.
DATE : 23rd JULY, 2019
P.C.
1] Yet another instance of the Judgment Debtor trying to create potholes to somehow or other trip the Decree Holder in executing the decree.
2] A reading of the Appeal would show that the Appellant, who is the Judgment Debtor, apprehends that a fair price would not be offered for the assets to be sold. We cannot speculate. Bids in sealed envelopes have been received and have to be opened in Court today. We comment no further. If there is any procedural irregularity in the sale, the Appellant has a remedy to proceed under Order XXI of the Code of Civil Procedure by filing objections.
3] The Appeal is dismissed.
4] In view of dismissal of Appeal, Notice of Motion does not survive and accordingly is dismissed.
N. M. JAMDAR, J CHIEF JUSTICE
BGP.
2 o f 2
Saraswati Education Society
Piramal Finance Limited
PRADEEP NANDRAJOG
N. M. JAMDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
