Order 1

Order Details: Order below exhibit
Pdf Text: Order on Exh. 5
in Exe. Appln No. 486 of 2019. 1
MHCC010123112019
IN THE BOMBAY CITY CIVIL COURT FOR
GREATER MUMBAI
ORDER BELOW APPLICATION (EXH.5)
IN
EXECUTION APPLICATION NO.486 of 2019.
Bijender Singh ...Applicant/
Plaintiff/Decree Holder.
In the matter of :-
Bijender Singh ...Applicant/
Plaintiff/Decree Holder.
V/s.
Perfect House Ltd and Ors. ..Defendant/
Judgment Debtor.
Appearances :-
Adv.M/s.Vaishali Bhikul for plaintiff/Decree Holder.
Adv. Ms. Pallabi Chattergiee i/b Hemant Ghadigaonkar for defendant/
Judgement Debtor.
Coram : Shri.U. C. Deshmukh.
C.R. No.: 59.
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Order on Exh. 5
in Exe. Appln No. 486 of 2019. 2
Date : 28/06/2023
The application is filed on 11.02.2021 to permit the decree
holder to withdraw an amount of Rs.7,84,725/- with interest. The
application was not marked with exhibit. Hence, for the purpose of the
identification, it is marked as Exh. 5.
2. Heard Ld. Advocate for the Plaintiff/ Decree Holder and Ld.
Advocate for Judgment Debtor.
3. It is contention of the Decree Holder that in view of the order
of Hon’ble High Court of Punjab and Hariyana, Judgment debtor is
permitted to deposit 50% amount of decree. Accordingly aforesaid
amount is deposited in this Court. Hence, Decree Holder be permitted to
withdraw the same. On the other hand, it is contention of the Judgment
Debtor that application is pre matured as the appeal is pending before the
Hon’ble High Court of Jurisdicture of at Punjab and Hariyana.
4. During the course of argument, it is informed that appeal
before Hon’ble High Court of Punjab and Hariaya pending vide RSA No.
6127 of 2018 is disposed off on 23.03.2023. Replying upon the decision of
Hon’ble High Court of Punjab and Hariayana, it is submission of Ld.
Advocate of Decree Holder that the decree with certain modification is
confirmed by Hon’ble High Court. Hence Decree Holder be permitted to
withdraw the amount deposited in the Court.
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Order on Exh. 5
in Exe. Appln No. 486 of 2019. 3
5.
Per Contra, it is submission of Ld. Advocate for the Judgment
Debtor that Hon’ble High Court has directed decree holder to send written
offer to the defendant to take back the utilized spares of value of Rs.
4,45,000/-. Hence, Decree Holder shall not be permtited to withdraw the
amount.
6. The Hon’ble High Court of Punjab and Hariyana has modified
the decree of which the execution is pending before this Court and
directed the plaintiff to offer the defendnat to take back the unutilised
spares of value of Rs.4,45,000/- failing of which the Judgment Debtor
shall entitle to with hold or adjust the equilavent amount from the money
decree. The submission of Ld. Advocate for the decree holder in view of
the decree prior to decision of Hon’ble High Court, the Judgment Debtor is
due to pay an amount of Rs. 17,20,420/- till 30.06.2023 is not denied by
the Judgment Debtor. In such circumstances, if Decree Holder is permitted
to withraw the aforesaid amount, no prejudice will cause to the Judgment
Debtor and it will not affect rights accrued to him vide judgment passed in
aforesaid RSA No. 6172 of 2018 passed by the Hon’ble High Court of
Punjab and Hariyana Court. Therefore, application deserves to be allowed.
In the result, following order is passed
ORDER
1. Application (Exh.5) is allowed.
2. The plaintiff/Decree Holder is permitted to withdraw an amount
of Rs.7,84,725/- with interest if any, accrued till date.
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Order on Exh. 5
in Exe. Appln No. 486 of 2019. 4
3.The concern clerk of the Court to do needful to pay aforesaid
amount to the decree holder/plaintiff.
4. Application (Exh. 5) is disposed off accordingly.
(U.C.Deshmukh)
Judge,
City Civil and Sessions Court
Date.:28.06.2023 Greater Bombay (CR 59)
Declared on : 28.06.2023
Dictated on : 28.06.2023
Transcribed on : 11.07.2023
Checked on : 11.07.2023
Signed on : 13.07.2023.
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