Authority: High Court of Judicature at Bombay (Civil Appellate Jurisdiction)
Order Date: 15 October 2026
Case Overview
- Petition filed by Siddhivinayak Hospital Venture of Siddhivinayak (Petitioner) against Jyoti Pravin Mundhadha and others (Respondents) challenging an attachment warrant dated 15 September 2026 issued by the Civil Judge, Thane, under Order XXI Rule 43 of the Code of Civil Procedure, 1908, in execution of Consent Decree SCS No. 251 of 2025.
- Consent Decree required payment of Rs 3.25 crore; Rs 73 lakh has been paid, leaving a balance of Rs 2.57 crore to be recovered.
- Petitioner argued that liability primarily rested on Respondent Nos. 1 and 2, but agreed to pay the full amount on their behalf and sought a stay of the attachment.
- Respondents Nos. 2 and 3 offered to deposit Rs 25 lakh each, while Respondent No. 1 (decree holder) opposed any indulgence, citing previous assurances.
Final Outcome
- The Court orders suspension of the attachment warrant subject to the following conditions:
1. Petitioner must deposit Rs 1 crore and Respondents Nos. 2‑3 must deposit Rs 25 lakh each before the executing Court by 17 October 2026; the warrant remains suspended until 19 October 2026.
2. Failure to deposit by the above date will render the impugned order operative from 20 October 2026.
3. If the Rs 1.25 crore is deposited by 17 October 2026, the suspension is extended for an additional ten weeks, provided Respondents Nos. 2‑3 deposit the remaining Rs 1.32 crore within that period.
4. Default by Respondents Nos. 2‑3 on the balance amount will cause the order to become operative against the petitioner without further court reference.
Topics: Attachment Stay, Consent Decree Compliance