Disposed

Mr Nimish Bhatia v. Mr Deepak Shindhe

Karnataka HC15 Dec 2021WP/22463/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court of Karnataka disposed of the matter without substantive hearing. The petitioner sought to contest a request for police assistance to execute an attachment warrant, arguing movables of an LLP partner cannot be attached against the LLP. The Court directed the executing court to decide the subsequent application on merits after hearing the petition

What did the court decide?

The petition is disposed of with liberty to the petitioner to contest the first respondent's application for police assistance and directions to the executing court to decide the same on merits.

Mr Nimish Bhatia Vs Mr Deepak Shindhe — Company and Corporate | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF DECEMBER 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.22463/2021 (GM-CPC)

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BETWEEN :

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MR NIMISH BHATIA AGED ABOUT 50 YEARS R/AT NO 1107, AVON PRESTIGE KENSINGTON GARDEN NO 17, HMT FACTORY ROAD JALAHALLI BENGALURU 560013

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... PETITIONER

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(BY SRI. SAHANA B V, ADVOCATE)

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AND :

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1 . MR DEEPAK SHINDHE S/O DR V S LOKANATH RAO SINDHE AGED ABOUT 52 YEARS R/AT NO 10, CASTLE STREET ASHOKNAGAR, BENGALURU 560025 PRESENTLY IN NW JERSEY, USA AND REP BY HIS OWNER OF ATTORNEY HOLDER MR SUHAIL AHMED S/O ABDUL KHYAUM SAB AGED ABOUT 44 YEARS RA/T NO 27, EAST STREET NEELASANDRA BENGALURU 560047

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FOUR FLAVOURS LLP A LIMITED LIABILITY PARTNERSHIP HAVING ITS REGISTRED OFFICE AT NO 133/2, 4^TH FLOOR JANARDHAN TOWERS RESIDENCY ROAD BENGALURU 560025 REP BY ITS DESIGNATED PARTNERS MR NIMISH BHATIA AND MR BRIJESH D K

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... RESPONDENTS

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DTD.1.10.2021 PASSED BY THE HONBLE EXECUTING COURT IN EXECUTION PETITION NO.623/2019 (ANNXURE-A) ORDER BEING ISSUED XLII ACC AND S.J. AT BENGLAURU ATTACHMENT WARRANT OF MOVABLE OF JDR AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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The petitioner, who is one of the partners of a Limited Liability Partnership (the second respondent) and the judgment debtor in execution No.623/2019 on the file of the XLII Additional City Civil and Sessions judge, Bengaluru (for short, ' the executing Court '), has impugned the executing Court's order dated 01.10.2021 issuing attachment warrant.

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The learned counsel for the petitioner submits that the second respondent has placed on record before the executing Court that the second respondent's current registered address is in premise bearing No.133/2, 4^th Floor, Janardhan Towers, Residency Road, Bengaluru, and if any warrant would be issued it must be only as against the movables of the second respondent and the movables owned by one of the partners of the limited liability firm cannot be attached. But, the executing Court without considering the same has issued warrant for attachment of movables.

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The learned counsel further submits that the bailiff, who wanted to execute the warrant at the petitioner's residential premise, has filed a report with the executing Court stating that the petitioner has created a furore and therefore, he would need the assistance of the local Police to execute the attachment warrant. Consequentially, the decree holder (the first

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respondent) has filed application for Police assistance and this application is pending consideration.

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In the light of the grounds urged and the subsequent circumstance placed on record, this Court is of the considered view that the petitioner must be at liberty to contest the present application filed by the first respondent for Police assistance relying upon the grounds urged in the present petition and if such grounds are urged, the executing Court must necessarily pass orders after deciding on the same and issuing clarification, if required.

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The petition stands disposed of with the aforesaid

observation.

SD/-

JUDGE

Mr Nimish Bhatia v. Mr Deepak Shindhe

Case brief

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Mr Nimish Bhatia v. Mr Deepak Shindhe

Case brief

What is this about?

What did the court decide?

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