Final Order 1

Order Details: Other
Pdf Text: 07.03.2026
Sr. No. 04
EA 544/18
SU 8759/99
(DISP. OFF)
M.A.
07/2020
M.A.08/2020
M.A.09/2020
CORAM :-H.H.J. SHRI SANJIV PRABHAKAR PINGLE(CR.
84)
Adv. S.S. Redekar i/b Adv. Harish Pawar for
applicant present.
None present for DH/Plaintiff/Respondent
The E.A. is pending since 2017 having nearly age of 10 yrs
under the caption of taking steps.
The offshoot proceeding at Sr.No.14 on today's board i.e.
Chamber Summons No.1496/22 is also pending since last 4
yrs.
I have taken up Chamber Summons deciding on its merits
as none present.
Perusal of roznama goes to show that my ld. Predecessor
as per roznama dated 08-04-2025 as observed in roznama
30-01-2026 directed Decree Holder to take appropriate
steps. Thereafter matter was adjourned time to time for
taking steps on 17-06-2025, 25-07-2025,10-10-2025,07-11-
2025,12-12-2025,07-02-2026,24-02-2026 and today on 07-
03-2026.
The E.A. is filed for recovery of 1,32,406132 ps {The
amount is overwritten using whitener (sic) } subsequently
the said amount reflected in warrant of attachment
1,34,06,209.05 ps
Perused R and P Court came across three M.A.’s
No.07/2020,08/2020 and 09/2020 under the captions of
order and next date shown 08-04-2026. Hence, these M.A.
have been preponed on today's board which are shown
under the caption of order.
Date – 07-03-2026
Judge
Order in M.A. No.07/2020
The present M.A. is taken out by applicant Shashi
Ramchandra Bagrodia dated 25-07-2019 for
setting aside warrant of attachment dated 30-03-
2019 issued in respect of flat No.1402/A,
Odyssey- 2 CHSL opposite Beatele Hotel,
Hiranandani Complex, Mumbai- 76 for the reasons
that warrant of attachment dated 30-03-2019 was
served upon him on 02-05-2019 in E.A.
-- 1 of 8 --
No.544/2018.
It is contended that he learnt that ex-parte decree
passed against defendant GSL India Ltd dated 22-
02-2017. Due to non payment of decretal amount
the flat No.1402/A was attached in E.A.. Said
flat 1402/A was allotted as per letter of allotment
dated 02-02-2001 issued by lake-view developers
in favour of Shashi Bagrodia and Ms. Richa
Bagrodia (Exh.B) further pursuant to the
registered agreement for sale dated 18-04-2003
executed between lake-view
developers/promoters and purchasers Ms. Richa
Bagrodia and R.C. Bagrodia for total
consideration of Rs. 16,50,000/- it is registered
at Sr.No.BDR7-3562-2003 on 25-04-2003 with
the office of Sub-Registrar Assurances Kurla-2
(Exh. C) accordingly, vide letter dated 1-12-
2006 developers and promoters confirmed that
they have sold the said flat and handed over
peaceful and vacant possession (Exh. D).
Subsequently, applicant paid membership fees to
the lake-view developers and issued receipt
accordingly (vide Exh.E) applicant has paid
maintenance charges to the society and lake-view
developers and issued receipt Exh.F. Thus,
applicant and Ms. Richa Bagrodia are bonafide
members of the society and holding 5 shares
No.1266-1270 bearing certificate No.247 (Exh.
E)
Lastly it is contended that daughter of Richa
Bagrodia who was co-owner died as a spinter on
13-11-2014. Applicant Shashi Bagrodia contended
her husband Ramchandra Bagrodia died intensty
on 11-04-2019 leaving applicant as their sole heirs
and legal representative( Exh. G Colly ) . Thus,
applicant has nothing to do with the defendants
nor deceased daughter Richa Bagrodia therefore,
attachment of their property is not legal and valid
and bad in law, hence, prayed for set aside the
order of attachment.
The application is duly verified/notarized.
Vide Exh. 02 dated 09-10-2019 affidavit in reply
filed by the DH/ Plaintiff/ Respondent to the
MA
-- 2 of 8 --
Vide Exh.02 dated 05-09-2023 tendered list of
document by the applicant producing extract
of the company data with regard to the
status plaintiff/ Decree Holder.
Perused the said extract of the Decree Holder reflected
on website ministry of corporate affairs showing
the name of the company Attrium Advertising Pvt.
Ltd., ROC with registration No. 101628 showing
category of private company by shares with
authorized capital of 2,00,000/- and paid up
capital of 2,00,000/- showing date incorporation
05-08-1996 having registered office 04, Shanta
Niwas Dixit Road P-Box No.6883 Vile Parle E
Mumbai 57 in showing as a non listed company
further showing status active compliant having
last dated AGM 12-07-2021 and date of balance
sheet 31-03-2021 However, the property attached
Flat No.1402/A is no where reflected in the
company extract data tendered.
Perusal of roznama dated 06-03-2020 it is mentioned is
reply at Exh.02 However it is not reply it is a list of
document producing extract of the data of the
company. Hence, there is no reply to the present
application.
Perused annexures of the application at Exh. A to G
Colly alongwith death certificate of Ramchandra
Bagrodia died on 11-04-2019 duly notarized Share
Certificate under provisions of Co-operative
Society Act the ownership/title vests in the name
of the applicant Exh.B is the allotment letter by
the developer builder Exh.C is a photocopy copy of
agreement for sale dated 18-04-2003 which leaves
no doubt about the execution of said agreement
for sale with power of attorney with two copies of
power of attornies, Exh.F maintenance invoice
standing in the name of Richa Bagrodia.
Hence, the M.A. No. 07/2020 is hereby deserves
to be allowed in the fact of circumstances
and facts of the case and accordingly setting
aside warrant of attachment or vacate the
attachment in respect of flat No.1402/A,
Odyssey- 2 CHSL opposite Beatele Hotel,
Hiranandani Complex, Mumbai- 76.
M.A. No.07/2020 is hereby allowed and disposed off
-- 3 of 8 --
accordingly.
Date – 07-03-2026
Judge
Order in M.A. No.08/2020
The present M.A. is taken out by applicant Smt.
Nupur Goenka dated 25-07-2019 for setting
aside warrant of attachment dated 30-03-2019
issued in respect of flat No.1402/B, Odyssey
CHSL- 2 opposite Beatele Hotel, Hiranandani
Complex, Mumbai- 76 for the reasons that warrant
of attachment dated 30-03-2019 was served upon
him on 02-05-2019 in E.A. No.544/2018.
It is contended that he learnt that ex-parte decree
passed against defendant GSL India Ltd dated 22-
02-2017. Due to non payment of decretal amount
the flat No.1402/B was attached in E.A.. Said flat
1402/B was allotted as per letter of allotment
dated 01-02-2001 issued by lake-view developers
in favour of Nupoor Bagrodia, Ms. Richa
Bagrodia and Shashi Bagrodia (Exh.B) further
pursuant to the registered agreement for sale
dated 25-04-2003 executed between lake-view
developers/promoters and purchasers Nupoor
Bagrodia, Shashi Bagrodia and Ms. Richa
Bagrodia for total consideration of Rs.
42,00,000/- it is registered at Sr.No.BDR7-3563-
2003 on 25-04-2003 with the office of Sub-
Registrar Assurances Kurla-2 (Exh.C) accordingly,
vide letter dated 16-12-2006 developers and
promoters confirmed that they have sold the said
flat and handed over peaceful and vacant
possession (Exh. D).
Subsequently, applicant paid membership fees to the
lake-view developers and issued receipt
accordingly (vide Exh.E) applicant has paid
maintenance charges to the society and lake-view
developers and issued receipt Exh. I collectively.
Thus, Nupoor Goenka, Shashi Bagrodia and
Ms. Richa Bagrodia are bonafide members of
the society and holding 5 shares No. 1271-1275
bearing certificate No.248 (Exh.G)
Lastly, it is contended that daughter of Richa Bagrodia
who was co-owner died as a spinter on 13-11-
-- 4 of 8 --
2014. Applicant Shashi Ramchandra Bagrodia
contended her husband Ramchandra Bagrodia
died intensty on 11-04-2019 leaving applicant as
their sole heirs and legal representative( Exh.I
Colly). Thus, applicant has nothing to do with the
defendants nor deceased daughter Richa Bagrodia
therefore, attachment of their property is not legal
and valid and bad in law, hence, prayed for set
aside the order of attachment.
The application is duly verified/notarized.
Vide Exh. 02 dated 09-10-2019 affidavit in reply filed
by the DH/ Plaintiff/ Respondent to the MA
Vide Exh.02 dated 05-09-2023 tendered list of
document by the applicant producing extract
of the company data with regard to the
status plaintiff/ Decree Holder.
Perused the said extract of the Decree Holder reflected
on website ministry of corporate affairs showing
the name of the company Attrium Advertising Pvt.
Ltd., ROC with Registration No. 101628 showing
category of private company by shares with
authorized capital of 2,00,000/- and paid up
capital of 2,00,000/- showing date incorporation
05-08-1996 having registered office 04, Shanta
Niwas Dixit Road P-Box No.6883 Vile Parle E
Mumbai 57 in showing as a non listed company
further showing status active compliant having
last dated AGM 12-07-2021 and date of balance
sheet 31-03-2021 However, the property attached
Flat No.1402/B is no where reflected in the
company extract data tendered.
Perusal of roznama dated 06-03-2020 it is mentioned is
reply at Exh.02 however it is not reply it is a list of
document producing extract of the data of the
company. Hence, there is no reply to the present
application.
Perused annexures of the application at Exh.A to I
Colly. alongwith death certificate of Ramchandra
Bagrodia died on 11-04-2019 and death certificte
Ramchandra Bagrodia showing death of date 13-
11-2016 duly notarized and share certificate under
provisions of Co-operative Society Act the
ownership/title vests in the name of the applicant
-- 5 of 8 --
Exh.B is the allotment letter by the developer
builder Exh.C is a photocopy copy of agreement
for sale dated 18-04-2003 which leaves no doubt
about the execution of said agreement for sale
with power of attorney with two copies of power of
attornies, Exh.F maintenance invoice standing in
the name of Richa Bagrodia. Hence, the M.A. No.
08/2020 is hereby deserves to be allowed in
the fact of circumstances and facts of the
case and accordingly setting aside warrant
of attachment or vacate the attachment in
respect of flat No.1402/B, Odyssey- 2 CHSL
opposite Beatele Hotel, Hiranandani Complex,
Mumbai- 76.
M.A. No.08/2020 is hereby allowed and disposed off
accordingly.
Date – 07-03-2026
Judge
Order in M.A. No.09/2020
The present M.A. is taken out by applicant Shashi
Ramchandra Bagrodia dated 25-07-2019 for
setting aside warrant of attachment dated 30-03-
2019 issued in respect of flat No.1402/C,
Odyssey - 2 CHSL opposite Beatele Hotel,
Hiranandani Complex, Mumbai- 76 for the reasons
that warrant of attachment dated 30-03-2019 was
served upon him on 02-05-2019 in E.A.
No.544/2018.
It is contended that he learnt that ex-parte decree
passed against defendant GSL India Ltd dated 22-
02-2017. Due to non payment of decretal amount
the flat No.1402/C was attached in E.A.. Said
flat 1402/C was allotted as per letter of allotment
dated 02-02-2001 issued by lake-view developers
in favour of Shashi Bagrodia and Ms. Richa
Bagrodia (Exh.B) further pursuant to the
registered agreement for sale dated 18-04-2003
executed between lake-view
developers/promoters and purchasers Shashi
Bagrodia and Ms. Richa Bagrodia for total
consideration of Rs. 43,20,000/- it is registered
at Sr.No.BDR7-3564-2003 on 25-04-2003 with
the office of Sub-registrar assurances Kurla-2 (Exh.
C) accordingly, vide letter dated 16-12-2006
-- 6 of 8 --
developers and promoters confirmed that they
have sold the said flat and handed over peaceful
and vacant possession (Exh. D).
Subsequently, applicant paid membership fees to the
lake-view developers and issued receipt
accordingly (vide Exh.E) applicant has paid
maintenance charges to the society and lake-view
developers and issued receipt Exh.F. Thus,
applicant and Ms. Richa Bagrodia are bonafide
members of the society and holding 5 shares
No.1276-1280 bearing certificate No.249 (Exh.
G)
Lastly it is contended that daughter of Richa Bagrodia
who was co-owner died as a spinter on 13-11-
2014. Applicant Shashi Bagrodia contended her
husband Ramchandra Bagrodia died intensty on
11-04-2019 leaving applicant as their sole heirs
and legal representative( Exh. I Colly ) . Thus,
applicant has nothing to do with the defendants
nor deceased daughter Richa Bagrodia therefore,
attachment of their property is not legal and valid
and bad in law, hence, prayed for set aside the
order of attachment.
The application is duly verified/notarized.
Vide Exh. 02 dated 09-10-2019 affidavit in reply
filed by the DH/ Plaintiff/ Respondent to the
MA
Vide Exh.02 dated 05-09-2023 tendered list of
document by the applicant producing extract
of the company data with regard to the
status plaintiff/ Decree Holder.
Perused the said extract of the Decree Holder reflected
on website ministry of corporate affairs showing
the name of the company Attrium Advertising Pvt.
Ltd., ROC with Registration No. 101628 showing
category of private company by shares with
authorized capital of 2,00,000/- and paid up
capital of 2,00,000/- showing date incorporation
05-08-1996 having registered office 04, Shanta
Niwas Dixit Road P-Box No.6883 Vile Parle E
Mumbai 57 in showing as a non listed company
further showing status active compliant having
-- 7 of 8 --
last dated AGM 12-07-2021 and date of balance
sheet 31-03-2021 However, the property attached
Flat No.1402/C is no where reflected in the
company extract data tendered.
Perusal of roznama dated 06-03-2020 it is mentioned is
reply at Exh.02 however it is not reply it is a list of
document producing extract of the data of the
company. Hence, there is no reply to the present
application.
Perused annexures of the application at Exh. A to I
Colly alongwith death certificate of Ramchandra
Bagrodia died on 11-04-2019 duly notarized and
share certificate under provisions of Co-operative
Society Act the ownership/title vests in the name
of the applicant Exh.B is the allotment letter by
the developer builder Exh.C is a photocopy copy of
agreement for sale dated 18-04-2003 which leaves
no doubt about the execution of said agreement
for sale with power of attorney with two copies of
power of attornies, Exh.F maintenance invoice
standing in the name of Richa Bagrodia. Hence,
the M.A. No. 09/2020 is hereby deserves to
be allowed in the fact of circumstances and
facts of the case and accordingly setting
aside warrant of attachment or vacate the
attachment in respect of flat No.1402/C,
Odyssey- 2 CHSL opposite Beatele Hotel,
Hiranandani Complex, Mumbai- 76.
M.A. No.09/2020 is hereby allowed and disposed
off accordingly.
Matter is adjourned to 24-03-2026 for hearing.
Date
Judge
-- 8 of 8 --