1

Order below Exhibit 14

(Special Darkhast No.291/2020)

1. The decree holder (DH) has filed the instant application for
Order
attachment of property of judgement debtors (JDs) as per
66 ofthe
XXI Rule 54 and public auction as per Order XXI Rule
Code of Civil Procedure, 1908 (inshort CPC).

due senvice
contended inthe application that, despite
2. In brief, is
it the
They failed to deposit
of notices, JDs failed to reply. Rs.15,445,403.87/- as on
outstanding decretal amount of attachedfor
of JDs are requiredtobe
04/08/2022. The properties
the description of properties
per
Tecovery of amount as would createthird-
application. Otherwise,they
mentioned in the
the DH has sought attachment of
Accordingly,
party interest. per Order XXI
Rule
properties owned by the JDs as
Immovable
be sold by public auction as per
may
the CPCand those
54 of
CPC.
Order XXI Rule 66 of the

given, the JDs failed to submit the

opportunities
3. Despite ample therefore the application
application,
reply on the instant
proceeded without reply.

submit the
AdvOcate for DH. The JDs failed to
4. Heard Ld. it reflects
and proceeding,
arguments. On perusal of the record
of 3 properties i.e 2 flats and
that the DH has provided description
valuation repots
1Office. The DH has also submitted copies of
(Exhibits
of these 3 properties enclosed with list of documents
16). It appears that those valuation reports have been prepared
 by Creative Valuers and Engineers after
inspection of
properties on 25/01/2023. The valuation of Flat No thesi
shown to be Rs. 5,185,000/-, Flat No. 103 of Rs. B-211
and Office No. 12 of Rs. 1,72,04,000/-. 8,740,000/-
5. On perusal of the main application for execution (Exhibit 1)
reveals that there was outstanding decretal amount as
on
05/04/2020 to the tune of Rs.1,13,22,612.05/- The DH
mentioned in the instant application the outstandíng amount of
Rs.1,54,45,403.87/- as on 04/08/2022. Consídering such
outstandingamount, lam of the considered view that, if onlyone
property out of above mentioned 3 properties i.e Office No. 12
valued to the tune of Rs. 17,204,000/- is attached and sold by
way of public auction, that would meet the ends of justice and
helpful to satisfy the entire recovery of decretal amount. Thus, it
would be justifiable to attach only one property i.e Office No. 12,
to be sold in public auction, out of proposedl3 properties.

6. It is pertinentto note that, the JDs have not

opposed the instant
application, which shows their malafide intention to avoid
payrment of decretalamount. Thus, there is no alternative
to attach and sale the immovable except
property of the JDs. so far as
auction sale of the attached property
prescribed under Order XXI Rule 54 to concerned, the stages
66 are required to be
followed and therefore at this
public auction juncture, proclamation of sale by
conternplated under Order XXIRule 66 of the CPC
cannot be directly
partly allowed. passed. Thus, the application deserves to be
order, Consequentiy, Iproceed to pass the
following
 3

ORDER
1. The application is partly allowed.
wing,
2. The immovable property ie office No. 12. 1st floor, B Road,
11, Sakal Bhavan
Nanda Dham, Plot No. 59, Sector Thane 400614 owned
CBD Belapur, Navi Mumbai, district- attached as per

and possessed by the JD No. 1, is hereby 1908.

Civil Procedure,
Order XXI Rule 54 of the Code of transferring or
prohibited from
3. The judgement debtors are property in any
above-mentioned attached the
charging the
manner, till further orders. attend the Court on
are directed to
4. The judgement d debtors terms of the
settling the
AM for
20/02/2023 at 11.00 accordingly to the JDs.
sale. Issue notice
proclamation of
attachment warrant accordingly.
5. Issue the open Court.)
pronounced in
(Dictated and

Date 30/01/2023

(A.C.Doiphode)
zth CJSD, Thane