Phoenix Industries Ltd. v. Hari International And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3007 OF 2021 IN COMMERCIAL EXECUTION APPLICATION NO.417 OF 2019 Phoenix Industries Ltd.

.. Applicant/Claimant v/s.

Hari International & Anr.

.. Respondents/Judg.Debtors Ms. Meenakshi Dhanuka-Rungta i/b. Dhanuka & Partners for the applicant.

Mr. Saeed Akhtar a/w Rehan Ansari for the respondents. CORAM : A. K. MENON, J.

DATED : 20TH DECEMBER, 2021.

P.C. :

1. IA seeks a direction to permit rectification of the Warrant of Sale dated 9 th March, 2021 issued in Execution Application no.417 of 2019. The learned counsel states that in the warrant for sale, copy of which is at Exhibit 'D' to the IA, the area of the flat no.602 is incorrectly described in sq. meters. The description is not accurate since she is now in possession of a copy of the agreement Digitally signed by SANDHYA BHAGU WADHWA Date:

2021.12.21 17:04:13 +0530 for sale in respect of the said flat. She relies upon a further SANDHYA BHAGU WADHWA 1/2 46.ia-3007-21.doc wadhwa

affidavit in support of the IA of one Anand Sangai dated 24 th November, 2021 The second schedule to that agreement at page 49 sets out the correct description flat no.602.

2. Accordingly, having heard the learned counsel for the parties, I am of the view that the correction should be allowed. Hence, I pass the following order;

(i) Registry is directed to issue fresh warrant for sale mentioning the correct description of the flat as appearing in the second schedule to the agreement, annexed to the further affidavit in support of IA aforesaid.

(ii) IA is disposed in the above terms.

(iii) In view thereof, order dated 4 th October, 2021 is recalled.

Affidavit is taken on file.

(A. K. MENON, J.) 2/2 46.ia-3007-21.doc wadhwa