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Agnelo Fernandes (sd) Through Lrs. & Others v/s M/s. Sea Queen Beach Resort Pvt. Ltd. Colva Salcete Goa Represented by V.K. Bali General Power of Attorney Holder of Gurmit Singh Director of Company


Company & Directors' Information:- U. P. POWER CORPORATION LIMITED [Active] CIN = U32201UP1999SGC024928

Company & Directors' Information:- D B POWER LIMITED [Active] CIN = U40109MP2006PLC019008

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Active] CIN = L40105WB1919PLC003263

Company & Directors' Information:- INDIA POWER CORPORATION LIMITED [Amalgamated] CIN = U40101WB2003PLC097340

Company & Directors' Information:- B L A POWER PRIVATE LIMITED [Active] CIN = U40102MH2006PTC165430

Company & Directors' Information:- L V S POWER PRIVATE LIMITED [Active] CIN = U40100TG1996PTC023552

Company & Directors' Information:- S L S POWER CORPORATION LIMITED [Active] CIN = U40109AP2005PLC047008

Company & Directors' Information:- S L V POWER PRIVATE LIMITED [Active] CIN = U40102KA2002PTC030448

Company & Directors' Information:- S. E. POWER LIMITED [Active] CIN = L40106GJ2010PLC091880

Company & Directors' Information:- E O S POWER INDIA PRIVATE LIMITED [Active] CIN = U32109MH1985PTC037094

Company & Directors' Information:- D C POWER LIMITED [Strike Off] CIN = U40109TG1996PLC025996

Company & Directors' Information:- GENERAL POWER COMPANY PRIVATE LIMITED [Active] CIN = U40108DL2002PTC115834

Company & Directors' Information:- POWER CORPORATION OF INDIA LIMITED [Amalgamated] CIN = U50101WB1997PLC084060

Company & Directors' Information:- GOA BEACH RESORT LIMITED [Strike Off] CIN = U00095GA1985PLC000655

Company & Directors' Information:- S R RESORT PRIVATE LIMITED [Active] CIN = U55201DL2004PTC125305

Company & Directors' Information:- B V POWER PRIVATE LIMITED [Active] CIN = U40106DL2011PTC213428

Company & Directors' Information:- R AND H POWER COMPANY PRIVATE LIMITED [Active] CIN = U51109UP1965PTC003067

Company & Directors' Information:- B R POWER LTD [Active] CIN = U40106WB1995PLC073567

Company & Directors' Information:- N M S POWER PRIVATE LIMITED [Active] CIN = U51109WB1999PTC089747

Company & Directors' Information:- P R B POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG1995PTC020647

Company & Directors' Information:- S V G POWER PRIVATE LIMITED [Active] CIN = U40300AP2012PTC084435

Company & Directors' Information:- INDIA POWER PRIVATE LIMITED [Active] CIN = U31900DL1995PTC070096

Company & Directors' Information:- M POWER INDIA PRIVATE LIMITED [Active] CIN = U31908MH2012PTC234343

Company & Directors' Information:- A N S INDIA POWER PRIVATE LIMITED [Active] CIN = U51101DL2014PTC266873

Company & Directors' Information:- M M K POWER PRIVATE LIMITED [Strike Off] CIN = U40106AP1998PTC030796

Company & Directors' Information:- C R E M POWER PRIVATE LIMITED [Strike Off] CIN = U40101DL2001PTC111631

Company & Directors' Information:- D T POWER PRIVATE LIMITED [Strike Off] CIN = U40300AP2015PTC097226

Company & Directors' Information:- BALI AND COMPANY PRIVATE LIMITED [Active] CIN = U63090DL1999PTC099525

Company & Directors' Information:- O L G POWER P LTD [Active] CIN = U30007TN1991PTC020898

Company & Directors' Information:- G S POWER LIMITED [Strike Off] CIN = U40102KA2010PLC054033

Company & Directors' Information:- POWER AND POWER PVT LTD [Active] CIN = U31300AS1989PTC003282

Company & Directors' Information:- P D M POWER PRIVATE LIMITED [Active] CIN = U40104AS2014PTC011780

Company & Directors' Information:- S B S POWER PRIVATE LIMITED [Strike Off] CIN = U40100AP2012PTC083965

Company & Directors' Information:- B & G POWER LIMITED [Active] CIN = U40105PB2010PLC033765

Company & Directors' Information:- S POWER PRIVATE LIMITED [Active] CIN = U19202DL1986PTC026505

Company & Directors' Information:- G M POWER PRIVATE LIMITED [Strike Off] CIN = U40105PN2003PTC017857

Company & Directors' Information:- POWER INDIA PVT LTD [Strike Off] CIN = U31102WB1983PTC036315

Company & Directors' Information:- S AND S POWER PRIVATE LIMITED [Active] CIN = U40109PY2004PTC001824

Company & Directors' Information:- U S POWER PRIVATE LIMITED [Under Process of Striking Off] CIN = U40103MH2009PTC189364

Company & Directors' Information:- K P M POWER PRIVATE LIMITED [Strike Off] CIN = U40102KA2008PTC046804

Company & Directors' Information:- POWER-X PRIVATE LIMITED [Strike Off] CIN = U99999DL1970PTC005331

Company & Directors' Information:- S K POWER INDIA PRIVATE LIMITED [Strike Off] CIN = U31101KA2006PTC039172

Company & Directors' Information:- R G D POWER PRIVATE LIMITED [Strike Off] CIN = U41000TG1996PTC023809

Company & Directors' Information:- M M R POWER PRIVATE LIMITED [Active] CIN = U31104DL2008PTC174079

Company & Directors' Information:- S J POWER PRIVATE LIMITED [Strike Off] CIN = U45207HR2012PTC045937

Company & Directors' Information:- BALI AND COMPANY PRIVATE LIMITED [Active] CIN = U51909DL1953PTC002351

Company & Directors' Information:- T C POWER PRIVATE LIMITED [Strike Off] CIN = U40101PB2009PTC033405

Company & Directors' Information:- H. & T. POWER PRIVATE LIMITED [Active] CIN = U40106MH2016PTC287646

Company & Directors' Information:- S & O POWER PRIVATE LIMITED [Active] CIN = U40107MH2010PTC206447

Company & Directors' Information:- V D M-POWER PRIVATE LIMITED [Active] CIN = U74999MH2015PTC262999

Company & Directors' Information:- A C R POWER PRIVATE LIMITED [Strike Off] CIN = U74900UP2010PTC040987

Company & Directors' Information:- C L FERNANDES PVT LTD [Strike Off] CIN = U19129WB1976PTC030443

Company & Directors' Information:- W N POWER PRIVATE LIMITED [Strike Off] CIN = U40101JK2013PTC004009

Company & Directors' Information:- C K S POWER PRIVATE LIMITED [Strike Off] CIN = U40101KA2010PTC052199

Company & Directors' Information:- G C I POWER PRIVATE LIMITED [Active] CIN = U40107KA2010PTC053656

Company & Directors' Information:- I-QUEEN PRIVATE LIMITED [Active] CIN = U74999KL2017PTC048635

Company & Directors' Information:- R. C. POWER PRIVATE LIMITED [Strike Off] CIN = U40100GJ2009PTC058005

Company & Directors' Information:- J R J POWER PRIVATE LIMITED [Active] CIN = U40300GJ2015PTC082396

Company & Directors' Information:- V.K. CORPORATION PRIVATE LIMITED [Not available for efiling] CIN = U74999PY1963PTC000065

Company & Directors' Information:- D V N POWER PRIVATE LIMITED [Strike Off] CIN = U40101TG2007PTC053069

Company & Directors' Information:- A. R. POWER PRIVATE LIMITED [Strike Off] CIN = U74999DL2007PTC161616

Company & Directors' Information:- SEA INDIA LIMITED [Dissolved] CIN = U99999MH1949PLC007943

    Writ Petition No. 67 of 2020

    Decided On, 22 June 2021

    At, In the High Court of Bombay at Goa

    By, THE HONOURABLE MR. JUSTICE M.S. SONAK

    For the Petitioners: Sapresh Devidas, Balkrishna Prakash Sardessai, Advocates. For the Respondent: Jatin Ramaiya, Advocate.



Judgment Text

Oral Judgment:1. Heard Mr. Sapresh Devidas, learned Counsel for the Petitioners and Mr. Jatin Ramaiya, learned Counsel for the Respondents.2. Rule. Rule is made returnable forthwith at the request and with the consent of learned Counsel for the parties. Learned Counsel for the Respondents waives notice.3.The challenge in this petition is to the order dated 18.02.2020 made by the Civil Judge Junior Division (executing court) ordering the Bailiff to execute the Judgment and Decree dated 19.08.2017 made in Regular Civil Suit No. 433/2010/II which was made exparte.4. Mr Devidas, the learned Counsel for the Petitioner pointed out that way back on12.02.2018 itself, the Petitioner has filed an application for setting aside the exparte decree along with an application for condonation of delay. He pointed out that these applications are now posted for consideration before the Civil Court on 09.07.2021. He submits that pending the decision on these applications, the executing Court ought not have proceeded with the execution, as otherwise, the application for setting aside the exparte decree will be rendered virtually infructuous. He submits that sufficient cause has been shown by the Petitioners both for condonation of delay and for setting aside the exparte order. He points out to the order made by this Court on 11.02.2020 at the ad-interim stage and submits that the same is liable to be made absolute.5. Mr. Jatin Ramaiya, the learned Counsel for the Respondents, submits that the suit was instituted way back in the year 2008. He submits that merely because an application for setting aside of exparte decree is pending, that would not preclude the executing Court from proceeding with the execution. He submits that no stay was granted by the Court restraining the execution proceedings. He submits that there is no jurisdictional error in the impugned order and therefore this Petition deserves to be dismissed.6. Having heard the rival contentions, though there is merit in the submission of Mr. Jatin Ramaiya that the mere pendency of an application for setting aside of an exparte decree will not take away the jurisdiction of the executing Court to proceed with the execution in the peculiar facts and now that the application for condonation of delay and setting aside of the exparte decree is posted for hearing on 09.07.2021, the execution proceedings can be deferred for some time until the two applications made by the Petitioners for condonation of delay and setting aside of the exparte decree are disposed of. It is possible that there was some delay in disposal of these applications on account of the Covid-19 related circumstances. In order that there is minimum prejudice to the Respondents, suitable directions are required to be issued to the Civil Court to dispose of the pending applications for condonation of delay and setting aside of the exparte decree.7. The learned Counsel for the parties pointed out that the written submissions have already been filed on the record of the Civil Court. They submit that on 09.07.2021 itself, they will orally argue the two applications. Accordingly, the learned Civil Court is directed to hear the oral arguments on 09.07.2021 and to dispose of the applications for condonation of delay and setting aside of the exparte decree on their own merits and in accordance with law as expeditiously as possible and, in any case, on or before 31.07.2021.8. The execution proceedings i.e. Regular Execution No. 81/2018/F pending in the Court of Civil Judge, Junior Division at Margao, will remain stayed up to 06.08.2021. In case the exparte decree is set aside, then, obviously, the impugned order will not survive. However, if the exparte decree is not set aside, then, the executing Court to proceed with the execution in accordance with law and on its own merits. The objections, if any, which the Petitioners might have to the execution are however kept intact.9. The parties to appear before the Civil Court on 01.07.2021 and file an authenticated copy of this order. On this date, if the Respondent wishes to file a formal reply to oppose the application for setting aside of the exparte decree, the Respondent may do so. If the Civil Court wishes, it may even prepone the hearing scheduled o

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n 09.07.2021. The parties and their Advocates to co-operate with the Civil Court in the expeditious disposal of the applications for condonation of delay and setting side of exparte decree. In particular, the Petitioners should not seek any undue adjournment now that this order has protected them for sometime.10. Rule is made absolute in the aforesaid terms. There should be no order as to costs.11. All concerned to act on the basis of an authenticated copy of this order.
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