High CourtsSingle Bench(2022) 10 BOM CK 0030

Mahendra Mohanlal Jain vs Arvind Vasantlal Sheth & Anr

Bombay High Court · Decided on 6 October 2022

HON’BLE JUDGES
B. P. Colabawalla, J
RESULT
Disposed Of
CASE NUMBER
Interim Application No. 546 Of 2019 In Commercial Execution Application No. 1375 Of 2018

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 284 words

B. P. Colabawalla, J

1.

The above Interim Application is filed seeking to amend the above Execution Application and two Warrants of Attachment dated 31st July, 2018 issued under Order XXI Rule 45 and Rule 54 of the Code of Civil Procedure, 1908 as per the Schedule annexed at Exhibit-B to the Interim Application.

2.

Mr. Anand Sheth has appeared in person for and on behalf of Respondent No.1 who is his father. He has stated that his father is 77 years old and is unable to attend the Court Proceedings. He has further stated that he has the authority to speak on behalf of his father and that the Respondents have no objection if the above Interim Application seeking amendments are allowed.

3.

In these circumstances, the above Interim Application is allowed in terms of prayer clause (a) which reads thus:

“(a) that the Applicant/Judgment Creditor be permitted to amend the above Execution Application and two Warrants of attachment orders dated 31/7/2018 issued under Order XXI Rule 43 and 54 of the Code of Civil Procedure, 1908 as per Schedule annexed hereto and marked Exhibit B”

4.

The learned Prothonotary and Senior Master and/or the Registry is directed to extend the returnable date of the two Warrants of Attachment dated 31st July, 2018 issued under Order XXI Rule 45 and Rule 54 of the Code of Civil Procedure, 1908 by a period of one year from today.

5.

The Interim Application is accordingly disposed of. No 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.