Ajay Ghanshyamdas Goenka v. Alfred Michael Arambhan
Case brief
What is this about?
Bombay HC OOCJ; IA 2498/2025 in Commercial Execution Application 39/2025; Ajay Ghanshyamdas Goenka v. Alfred Michael Arambhan; execution of decree dated 29.01.2019 in Commercial Summary Suit 1244/2018 (Rs. 3,47,12,222 plus 18% future interest on Rs. 2,50,00,000); outstanding over Rs. 3.8 crores; Court Receiver, High Court Bombay, appointed with Order XL CPC powers including sale of Judgment Debtor's Bengaluru property at 1031/5 Gitanjali Layout, HAL 3rd Stage, Bengaluru 560075 (1260 sq. ft., Khata 1031/5), vacant and unencumbered; valuation then sale in partial execution; proceeds to Judgment Creditor; restraint pending sale; objections to Chamber Summons (L) 1169/2019 to be removed in two weeks else dismissed; earlier orders continued; next date 30 September 2025; Abhay Ahuja J.; 11 August 2025.
What did the court decide?
Court Receiver, High Court, Bombay, appointed with all powers under Order XL of the Code of Civil Procedure, 1908, including power to sell, over the Judgment Debtor's land and building at 1031/5, Gitanjali Layout, 2nd Cross, HAL 3rd Stage, New Thippasandra Post Office, Bengaluru 560075 (1260 sq. ft., Khata No. 1031/5); Receiver to take possession, conduct valuation and sell the property in partial execution of the decree dated 29 January 2019 in Commercial Summary Suit No. 1244 of 2018 and release the sale proceeds to the Applicant; Judgment Debtor, his assigns, employees, agents and anyone claiming through or under him restrained pending sale.