Comos Execution Application Vivita

1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDUCTION
Execution Application No. of 2016
In
Arbitration Award Dated 5th March, 2014.
Arb/Cos/21/2010
A Number of Proceeding Arb/Cos/21/2010 (Before Sole Arbitrator, Mr.

M.M.PARILKAR)
B Name of Parties THE COSMOS CO-OP. BANK LTD.

A Multi State Co-operative Bank having its branch
at 36 A, Maru Niketan, D.L. Vaidya Road, Dadar
(West), Mumbai 400028
…APPLICANT
VERSUS
1. M/s. Vivita Ltd.
Formally known as M/s. Ganesh Valley

Food Ltd. and also M/s. Vinayak Vivita Ltd. And a
company registered under The Indian Companies
Act, 1956 and having their registered office at Plot
No. C1, Nestler House, T.T.C. Industrial Area,
Pawane,Thane- Belapur Road, Turbhe , Navi
Mumbai- 400705 and factory address at Naigaum
Post Office, Kamshet, Mumbai,Pune Road, Near
Lonawala, Taluka Mawal,
District Pune.
2. Mr. Kishor Gurbax Motwani
Age: Adult, Indian Inhabitant,

Residing at 201, Salisbury Park,
Pali Hill Road, Bandra (West)
Mumbai- 400050
3. Mr. Suresh Gurbax Motwani
Age: Adult, Indian Inhabitant

Mumbai -400050.
4. Mr. Praful Ratanshi Bhanushali

2

Residing at Bunglow No. 39,
Mysure Colony, RCF gate No. 2
Opp, Ashish Talkies, Chembur,
Mumbai
5. Central Bank of India

Nariman Point Branch
Chandra Mukhi, Nariman Point
Mumbai- 400021
6. Karnataka Bank Ltd.

Overseas Branch, 2, Firuz Ara,
160, M.K. Road, Opp. Cooperage
Band Stand, Mumbai- 400021
7. Oriental Bank of Commerce

Overseas Branch, Dalamal Towers,
Ground Floor, Nariman Point
Mumbai- 400001
8.The Maratha Mandir Co-op. Bank Ltd.

(now merged/amalgamated with Sarawast Co-op.
Bank Ltd.)
320, Jaganath Shankarseth Road,
Thakurdwar, Mumbai- 400002
9. ICICI Bank Ltd.

ICICI Tower, Bandra Kurla Complex
Bandra (E), Mumbai- 400051
10. Export Import Bank of India
Post Bag 16100, Centre One, Floor 21,
World Trade Centre, Cuffe Parade
Mumbai- 400005
10. Export Import Bank of India

Post Bag No. 16100, Center One, Floor 21, World
Trade Centre, Cuff Parade, Mumbai 400 005
11. Abu Dhabi Commercial Bank Ltd.

Veer Nariman Road, Post Box No. 11248
Mumbai- 400020
12. Dombivli Nagrik Sahakari Bank Ltd.
Guruprasad, 1st Floor

Behind Shivaji Statue
Manpada Road,
Dombivali (E)- 421201
13. State Bank of India

Export Finance Division
Overseas Branch World Trade Centre
3
P.O. Box No. 16094

Cuffe Parade, Mumbai- 400001
14. Apna Sahakari Bank Ltd.

Apna Sahakari Bank, Dr. S.S. Rao Road,
Parel, Mumbai- 400012
15. Bank of Baroda

Industrial Finance Branch
Baroda House, 42, Cawasji
Patel Street, Fort, Mumbai- 400001
…RESPONDENTS
(Judgment Debtors)
C. Date of Award 05th March, 2014
D. Whether any Appeal is No
preferred against
Award/Whether Application
has been preferred for setting
aside award
E. Whether any and (if No
any) what adjustment
of the matter in dispute has
been made between the
parties
subsequently to the
Award.
F. 1) The date and nature No
of any Writ issued
before or after award.
2) Whether any No
previous application is made
seeking execution of award.
G The amount of debt or Decreetal amount inclusive of cost
compensation with the Rs. 18,22,18,401.05/-

interest any)due upon the
Cost of the Arbitration
award or other relief granted
thereby together with Rs. 03,01,500.00/-
Particulars of any cross
Decree. Interest @14% p.a. on
Rs. 18,22,18,401.05/-
p.a. from 01.04.2010
upto 16/12/2016
Rs.17,12,04,311.68/-
4
Further interest @14% p.a.

On Rs. 18,22,18,401.05/-
from 17/12/2016
till payment due.
H. Details of Cost Award Rs.3,01,500.00/-
I. Name of person against 1. M/s. Vivita Ltd.

whom Execution is sought
2. Mr. Kishor Gurbax Motwani
3. Mr. Suresh Gurbax Motwani
4. Mr. Praful Ratanshi Bhanushali
(Respondent Nos. 1 to 4 above named)
J. The mode in which By issuing warrant of Attachment of Movable and

assistance of court required Immovable Property Under Order XXI Rule 43 and
Rule 54 of Civil Procedure Code, 1908 against the
Respondents above named as per the schedule
written hereunder issue
warrant for sale Under Order XXI Rule 64 of Civil

Procedure Code, 1908.
SCHEDULE
Fixtures, Furniture’s, fittings and all other

attachable moveable articles belonging to and in
possession of the Respondent No.1 above named,
lying and being in its commercial premises.
Respondent No 1. Registered office
at Plot No. C1, Nestler House, T.T.C. Industrial
Area, Pawane, Thane- Belapur Road, Turbhe , Navi
5
Mumbai- 400705.
Right, Title and interest of Respondent No.1 above

named in the Respondent No.1’commercial
premises Respondent No 1. Registered office at
Plot No. C1, Nestler House, T.T.C. Industrial Area,
Pawane, Thane- Belapur Road, Turbhe ,
Navi Mumbai- 400705.

attachable moveable articles belonging to and
inpossession of the Respondent No.1 above named,
lying and being in its residentialpremises.
Respondent No 2. residing at 201,
Salisbury Park, Pali Hill Road, Bandra (West)
Mumbai- 400050

named in the Respondent No.2’s
residential premises of Respondent No 2. residing
at 201, Salisbury Park, Pali Hill Road, Bandra
(West) Mumbai- 400050
lying and being in its residential premises.
Respondent No 3. residing at 204,
Mumbai- 400050
named in the Respondent No.3’s residential
premises Respondent No 3. residing at 204,
Mumbai- 400050
lying and being in its residential premises.
6
Respondent No 4. residing at Bunglow No. 39,

Mysure Colony, RCF gate No. 2, Opp. Ashish
Talkies, Chembur, Mumbai.
named in the Respondent No.4’s residential
premises Respondent No 4. residing at Bunglow
No. 39, Mysure Colony, RCF gate No. 2, Opp.
Ashish Talkies, Chembur, Mumbai.
Mumbai
Date This day of October, 2016
Applicant/Decree holder
THE COSMOS CO-OP. BANK LTD
VERIFICATION
I, Anant D. Powar, Age: 51 years, Occ: Service, Legal Representative THE

COSMOS CO-OPERATIVE BANK LTD., of the Applicant above named do
hereby solemnly declare that what is stated in column A to I is true to my own
knowledge and whatever Stated in Column (J) the some, is stated on
information/ Belief and believed the same to be true and that description in here
to and specification of Judgment Debtors’ share or interest there in is true to my
own knowledge (or is stated on information belief and is believe the same to be
true as the case may be).
Solemnly declare at Mumbai )

On this day of October, 2016. )
Before me,
Identified by
THE LAUREATE
ADVOCATES FOR THE APPLICANT
7

Arbitration Award Dated 05th March, 2014
Arb/Cos/21/2010
THE COSMOS CO-OP. BANK LTD.

A Multi State Co-operative Bank
having its branch at 36 A, Maru Niketan
D.L. Vaidya Road, Dadar (West),
Mumbai 400028
Through its duly
Constituted Attorney/Authorized
Signatory …APPLICANT
(Decree Holder)
VERSUS
1.M/s. Vivita Ltd.

Formally known as M/s. Ganesh Valley
Food Ltd. and also M/s. Vinayak Vivita Ltd.
And a company registered under The Indian
Companies Act, 1956 and having their
Registered office at Plot No. C1, Nestler
House, T.T.C. Industrial Area, Pawane,
Thane- Belapur Road, Turbhe ,
Navi Mumbai- 400705 and factory address
At Naigaum Post Office, Kamshet, Mumbai
Pune Road, Near Lonawala, Taluka Mawal,
District Pune
8
2.Mr. Kishor Gurbax Motwani

Age: Adult, Indian Inhabitant,
Mumbai- 400050
3.Mr. Suresh Gurbax Motwani

Mumbai- 400050
4.Mr. Praful Ratanshi Bhanushali

Residing at Bunglow No. 39,
Mysure Colony, RCF gate No. 2
Opp, Ashish Talkies, Chembur,
Mumbai
5.Central Bank of India

Nariman Point Branch
Chandra Mukhi, Nariman Point
Mumbai- 400021
6.Karnataka Bank Ltd.

Overseas Branch, 2, Firuz Ara,
160, M.K. Road, Opp. Cooperage
Band Stand, Mumbai- 400021
7.Oriental Bank of Commerce

Overseas Branch, Dalamal Towers,
Ground Floor, Nariman Point
Mumbai- 400001
8.The Maratha Mandir Co-op. Bank Ltd.

(now merged/amalgamated with Sarawast
Co-op. Bank Ltd.) 320, Jaganath Shankarseth Road,
9
Thakurdwar, Mumbai- 400002
9.ICICI Bank Ltd.

ICICI Tower, Bandra Kurla Complex
Bandra (E), Mumbai- 400051
10.Export Import Bank of India

Post Bag 16100, Centre One, Floor 21,
World Trade Centre, Cuffe Parade
Mumbai- 400005
11.Abu Dhabi Commercial Bank Ltd.

Veer Nariman Road
Post Box No. 11248
Mumbai- 400020
12.Dombivli Nagrik Sahakari Bank Ltd.

Guruprasad, 1st Floor
Behind Shivaji Statue
Manpada Road,
Dombivali (E)- 421201
13.State Bank of India

Export Finance Division
Overseas Branch World Trade Centre
P.O. Box No. 16094
Cuffe Parade, Mumbai- 400001
14.Apna Sahakari Bank Ltd.

Apna Sahakari Bank, Dr. S.S. Rao Road,
Parel, Mumbai- 400012
15.Bank of Baroda
Industrial Finance Branch
Baroda House, 42, Cawasji
Patel Street, Fort, Mumbai- 4000 …RESPONDENTS
(Judgment Debtor)
10
AFFIDAVIT
I, Anant D. Powar, Age: 51 years, Occ: Service, Legal Representative THE

COSMOS CO-OPERATIVE BANK LTD., of the Applicant above named
having its operation office At 36 A, Maru Niketan D.L. Vaidya Road, Dadar
(West), Mumbai 400028, do hereby solemnly affirm and state that as under;
1. I say that I am filing this affidavit in support of the application for

execution of the decree under Order 21 Rule 11(2) of Civil Procedure Code,
1908.
2. I say that certain disputes had arisen between the Decree holder and
Judgment Debtor under a contract which was ultimately referred to the learned
Arbitrator Mr. M.M. PARILKAR.
3. Inspite of intimation/ notices, except for the Respondent Nos. 1,2 and 8,
the other Respondents failed to appear before the learned Arbitrator therefore
the learned Arbitrator was pleased to make and publish his Award on 5th
March, 2014.
4. I say that the Learned Arbitrator by his letter dated 12/08/2014,

forwarded the packets of award to the Respondents by speed post/ registered
A/D. on 12/08/2014 its deemed to be served on 13/08/2014. Therefore, as per
the provision of Section 3 sub-section (b) of the Arbitration and Conciliation
Act, 1996 the packets sent to the Respondents at their last known addresses
where they were known to be residing and/ or being their mailing address
known to the Applicant, amounts to a good service. Therefore, in the said
manner the award is duly served upon the Respondents. The copy of said
Mailing Proff is annexed and marked herein as “EXHIBIT A”.
5. I further say that the said award is duly served upon the Respondents and
appealable period of 90 days from the service of award is 03rd June, 2014 as
provided under Section 34 of Arbitration and Conciliation Act 1996 has expired.
I say that till date the said award has not been challenged by any of the
Respondents. Therefore, the Applicant i.e. the Claimant can execute the said
award as decree of the Court under section 36 of the Arbitration and
Conciliation Act, 1996.
6. I say that the sole arbitrator was please to make and published Award
against respondent on 5th March, 2014 in the matter. The Learned Arbitrator
please pass on award for recovery of amount of Rs. 18,22,18,401.05/- plus
interest at rate of 14% p.a. from 1st April, 2010
till payment of whole amount to the Claimant Bank i.e. till date of filing of the
Execution Application which in this case is 16/12/2016. Cost of the Arbitration
11
is Rs. 3,01,500.00/-. Total Amount due Rs. 32,70,79,832.549/-. And further

interest @ 14% on Rs. 18,22,18,401.05/- from 17/12/2016 till payment due.
7. I say that the Claimant has not taken out any execution proceedings or
made any application prior to the date of filing of this affidavit for execution of
the award and as of today neither any appeal nor any proceedings is pending in
the above matter.
8. I say that Respondents have not filed Petition under Section 34 of the
Arbitration and Conciliation Act, 1996 for setting aside the award. The
Respondent have not challenged the award before any court. The execution has
not be stayed be any court. As per the provision of Arbitration and Conciliation
Act, 1996 the award dated 05/03/2014 has become more a decree.
9. I say that the award has been passed on 5th March, 2014 and the
Claimants filing the present application after the period of period of two years
from date of award as provided under order XXI, rule 22 of CPC 1908,
therefore the present execution is within time.
10. I further say that as per knowledge of the Claimant property mentioned
in the column “J” of the above execution application are belonging to the
Respondents and same are situated within the jurisdiction of this Hon’ble Court
therefore this Hon’ble Court has jurisdiction to try and entertain the present
execution application.
11. I say and submit that it is normal procedure of the claimant Bank to visit
and verify addresses of Respondents at the time of granting loan to
Respondents. I further say and submit that before granting loan to Respondent
Nos. 1 to 4 above the claimant Bank had visited commercial premises of the
Respondent No.1 and residential address of Respondent Nos. 2 to 4 and has
verified that furniture, fixture and other movable articles belong to Respondent
Nos. 1 to 4 above named.
Whatever stated hereinabove is true and correct to the best of my knowledge,

belief and information.
12. I say that Warrant of Attachment of movable and immovable properties

under Order XXI Rule 43 and 54 of the Code of Civil Procedure 1908 be issued
against the properties of the Respondent Nos. 1 to 4 and thereafter Warrant of
Sale of the attach property be issued under Order XXI Rule 64 in the abovesaid
matter.
13. I further say that the Applicant has not taken out in Execution
Proceedings or made in any application prior to this date. I further say that the
Claimant, i.e., the Applicant hereinabove has not received any amount from the
Respondent Nos. 1 to 4 after the Award dated 5 th March, 2014 is passed and
pending these proceedings.
12
Solemnly affirmed at Mumbai )

on this 26th day of October, 2016 )
Identified by, Before me,
The Laureate
Advocates for the Applicant/
Decree Holder

In
Arbitration Award Dated 22nd January, 2016.
ARB/COS/20/2010
A Number of Proceeding ARB/COS/20/2010(Before Sole Arbitrator, Mr.

V.G.Indrale)
13
A Multi State Co-operative Bank having

registered office at 269/270 Cosmos Heights,
Shanivar Peth, Pune 411 030 and its regional
office 36 A, Maru Niketan, D.L. Vaidya Road,
Dadar (West), Mumbai 400028 and also a branch
at Mandvi, Mumbai.
…APPLICANT
VERSUS
1. M/s. Rohini Paints Pvt. Ltd.

Age: Adult, Occupation: Business, Having
its Registered office at:
65, Bombay Samachar Marg,
2nd Floor, Mumbai- 400 023.
2. Mr. Nimish Jayantilal Motipare

AND
R/at: 9, Mazda Chaman, 4th Floor
Opp.Saria Nursing Home
Dattatrya Lane, Santacruz (W)
Mumbai 400 054.
3. Mr. Uday Jayantilal Motipare

AND
Mumbai 400 054.
4. Ms. Pallavi Jayantilal Motipare

AND
Mumbai 400 054.
5. Smt. JyotsnaJayantilal Motipare

AND
14

Mumbai 400 054.
6. Mr. Jayantilal Chhotalal Motipare

AND
Mumbai 400 054.
…RESPONDENTS
(Judgment Debtors)
C. Date of Award 22nd January, 2016

preferred against the
Award/Whether any
Application has been
preferred for setting aside the
Award.
E. Whether any and (if any) No
what adjustment of the
matter in the dispute has
parties subsequently to the
Award.
F. 1. The date and nature of any No.
Writ issued before or after
Award.
2. Whether any previous No.

Application is made seeking
execution of Award.
G. The Amount of debt or Decreetal amount inclusive of Cost.

compensation with the
interest (if any) due upon the Rs. 42,67,612.00/-
Award or other relief granted
thereby together with Cost of the Arbitration
particulars of any cross
Decree. Rs. 56,176.00/-
Interest @16% p.a. on

Rs. 42,67,612.00/-
p.a. from 01.02.2010
upto 31/05/2017
15
Rs.50,06,762.40/-

On Rs. 42,67,612.00/-
from 01/06/2017
till payment due.
H. Details of cost of Award Rs. 56,176.00/-

I. Name of persons against 1. M/s. Rohini Paints Pvt. Ltd.
whom execution is sought
(Respondent Nos. 1 to 6 abovenamed.)

assistance of Court is
Immovable Property Under Order XXI Rule 43 and
required
written hereunder issue warrant for sale Under
Order XXI Rule 64 of Civil Procedure Code, 1908.
SCHEDULE
possession of the Respondents above named, lying
and being in their commercial premises of
Respondents at the registered office at
65, 2nd Floor, Bombay Samachar Marg, Mumbai
400 023.
Right, title and interest of the Respondents

abovenamed in the commercial premises of the
400 023.
16

and being in their residential premises of
----------------------------------------------------------.

----------------------------------------------------------.
Mumbai
Dated this day of June, 2017
17
VERIFICATION
I, _____________________, Age: ____ years, Occ: Service, Legal

Representative THE COSMOS CO-OPERATIVE BANK LTD., of the
Applicant above named do hereby solemnly declare that what is stated in
column A to I is true to my own knowledge and whatever stated in Column (J),
the same is stated on information and I believe the same to be true and that
description therein and specification of Judgment Debtors’ share or interest
therein, is true is stated on information belief and I believe the same to be true.

on this day of June, 2017. )
Before me,
Identified by
THE LAUREATE
18

In
ARB/COS/20/2010

registered office at 269/270 Cosmos Heights
office 36 A, Maru Niketan, D.L. Vaidya Road
Dadar (West), Mumbai 400028 and also a
branch at Mandvi, Mumbai.
Through its duly authorized signatory
…APPLICANT
(Judgment Holder)
VERSUS
1. M/s. Rohini Paints Pvt. Ltd.

Age: Adult, Occupation: Business,
Having its Registered office at:

AND
Mumbai 400 054.
19

AND
Mumbai 400 054.

AND
Mumbai 400 054.

AND
Mumbai 400 054.

AND
Mumbai 400 054.
…RESPONDENTS
(Judgment Debtors)
AFFIDAVIT
I, _________________, Age: _____ years, Occ: Service, Legal Representative

THE COSMOS CO-OPERATIVE BANK LTD., the Applicant above named
20
having its Regional office At 36 A, Maru Niketan D.L. Vaidya Road, Dadar
(West), Mumbai 400028, do hereby solemnly affirm and state as under;

1908.
Arbitrator Mr. V.G.Indrale.
3. In response to intimation/ notices, Respondents appeared before the

learned Arbitrator and filed their Written Statement in the proceedings. Both the
parties led their evidence by way of Affidavits and documents referred and
relied upon by them. Thereafter the learned Arbitrator was pleased to make and
publish his Award on 22nd January, 2016.
4. I say that the Learned Arbitrator by his letter dated _________,

A/D. on __________ . It is deemed to be served upon them on ___________.
Therefore, as per the provision of Section 3 sub-section (b) of the Arbitration
and Conciliation Act, 1996 the packets sent to the Respondents at their last
known addresses where they were known to be residing and/ or being their
mailing address known to the Applicant, amounts to a good service. Therefore,
in the said manner the award is duly served upon the Respondents. The copy of
said Mailing Proof is annexed and marked herein as “EXHIBIT A”.
appealable period of 90 days from the service of award was till ___________ as
6. I say that the Sole Arbitrator was pleaseed to make and publish Award
against Respondents on 22nd January, 2016 in the matter. The Learned Arbitrator
has been pleased to pass an Award for recovery of amount of Rs. 42,67,612/-
21
(Rupees Forty Two Lac Sixty Seven Thousand Six Hundred and Twelve only)
plus interest at rate of 16% p.a. from 1st February, 2010, till payment of whole
amount to the Claimant Bank. The amount due and payable by Respondents till
31st May, 2017, i.e., the amount of Award and the interest @ 16% p.a. from 1 st
February, 2010 to 31st May, 2017 is Rs. 92,74,374.40/- (Rupees Ninety Two Lac
Seventy Four Thousand Three Hundred and Seventy Four Paise Forty only)
alongwith cost of the Arbitration of Rs. 56, 176/- (Rupees Fifty Six Thousand
One Hundred and Seventy Six only). Thus, total amount due Rs. 93,30,550.40/-
(Rupees Ninety Three Lac Thirty Thousand Five Hundred and Fifty Paise Forty
only) and further interest @ 16% p.a. on Rs. 42,67,612/- (Rupees Forty Two
Lac Sixty Seven Thousand Six Hundred and Twelve only) from 1 st June, 2017
till payment due.
the aforesaid award and as of today neither any appeal nor any proceedings is
pending in the abovesaid matter.
Respondents have not challenged the award before any Court. The execution
has not be stayed be any Court. As per the provisions of the Arbitration and
Conciliation Act, 1996 the award dated 22nd January, 2016 has become a decree.
9. I say that the award has been passed on 22nd January, 2016 and the
Claimants filing the present application within a period of two years from date
of award as provided under Order XXI, Rule 22 of CPC 1908, therefore the
present execution is within limitation.
10. I further say that as per knowledge of the Claimant properties

mentioned in the column “J” of the above
Execution Application belong to Respondents and same are situated within the
jurisdiction of this Hon’ble Court and therefore, this Hon’ble Court has
jurisdiction to try and entertain the present Execution Application.
11. I say and submit that it is normal procedure of the Claimant Bank to visit
22
Respondents and residential addresses of Respondents and has verified that
furniture, fixture and other movable articles which belong to Respondents above
named.


against the properties of the Respondents and thereafter Warrant of Sale of the
attach property be issued under Order XXI Rule 64 in the abovesaid matter.
Respondents after the Award dated 22nd January, 2016 is passed and pending
these proceedings.

on this day of June, 2017 )
The Laureate
Decree Holder
23

In
ARB/COS/19/2010
A Number of Proceeding ARB/COS/19/2010(Before Sole Arbitrator, Mr.

V.G.Indrale)
24

registered office at 269/270 Cosmos Heights,
office 36 A, Maru Niketan, D.L. Vaidya Road,
Dadar (West), Mumbai 400028 and also a branch
at Mandvi, Mumbai.
…APPLICANT
VERSUS
1. M/s. Muralo Chemicals Paints Pvt. Ltd.

Age: Adult, Occupation: Business, Having
its Registered office at:
2. Mr. Jayantilal C.Motipare

AND
Mumbai 400 054.
3. Mr. Bindu Uday Motipara.

AND
Mumbai 400 054.

AND
Mumbai 400 054.

AND
25

Mumbai 400 054.

AND
Mumbai 400 054.
…RESPONDENTS
(Judgment Debtors)
C. Date of Award 22nd January, 2016

preferred against the
Award/Whether any
Application has been
preferred for setting aside the
Award.
E. Whether any and (if any) No
what adjustment of the
matter in the dispute has
parties subsequently to the
Award.
F. 1. The date and nature of any No.
Writ issued before or after
Award.
2. Whether any previous No.

Application is made seeking
execution of Award.
G. The Amount of debt or Decreetal amount inclusive of Cost.

compensation with the
interest (if any) due upon the Rs. 41,34,346.00/-
Award or other relief granted
thereby together with Cost of the Arbitration
particulars of any cross
Decree. Rs. 54,843.00/-
Interest @16% p.a. on

Rs. 41,34,346.00/-
p.a. from 01.02.2010
upto 31/05/2017
26
Rs.48,50,414.73/-

On Rs. 41,34,346.00/-
from 01/06/2017
till payment due.
H. Details of cost of Award Rs. 54,843/-

I. Name of persons against 1. M/s. Muralo Chemicals & Paints Pvt. Ltd.
whom execution is sought
2. Mr. Jayantilal C. Motipare
3. Mr. Bindu Uday Motipara
4. Mr. Uday Jayantilal Motipara
(Respondent Nos. 1 to 6 abovenamed.)

assistance of Court is
Immovable Property Under Order XXI Rule 43 and
required
written hereunder issue warrant for sale Under
Order XXI Rule 64 of Civil Procedure Code, 1908.
SCHEDULE
and being in their commercial premises of
400 023.

27
400 023.

and being in their residential premises of
----------------------------------------------------------.

----------------------------------------------------------.
Mumbai
Dated this day of June, 2017
28
VERIFICATION
I, _____________________, Age: ____ years, Occ: Service, Legal

Representative THE COSMOS CO-OPERATIVE BANK LTD., of the
Applicant above named do hereby solemnly declare that what is stated in
column A to I is true to my own knowledge and whatever stated in Column (J),
the same is stated on information and I believe the same to be true and that
description therein and specification of Judgment Debtors’ share or interest
therein, is true is stated on information belief and I believe the same to be true.

on this day of June, 2017. )
Before me,
Identified by
THE LAUREATE
29

In
ARB/COS/19/2010

registered office at 269/270 Cosmos Heights
office 36 A, Maru Niketan, D.L. Vaidya Road
Dadar (West), Mumbai 400028 and also a
branch at Mandvi, Mumbai.
Through its duly authorized signatory
…APPLICANT
(Judgment Holder)
VERSUS
1. M/s. Muralo Chemicals & Paints Pvt. Ltd.

Age: Adult, Occupation: Business,
Having its Registered office at:
2. Mr. Jayantilal C. Motipare

AND
30

Mumbai 400 054.
3. Mr. Bindu Uday Motiapara

AND
Mumbai 400 054.
4. Mr. Uday Jayantilal Motipara

AND
Mumbai 400 054.
5. Ms. Pallavi Jayantilal Motipara

AND
Mumbai 400 054.
6. Smt. JyotsnaJayantilal Motipara

AND
Mumbai 400 054.
…RESPONDENTS
(Judgment Debtors)
AFFIDAVIT
I, _________________, Age: _____ years, Occ: Service, Legal Representative

THE COSMOS CO-OPERATIVE BANK LTD., the Applicant above named
31
having its Regional office At 36 A, Maru Niketan D.L. Vaidya Road, Dadar
(West), Mumbai 400028, do hereby solemnly affirm and state as under;

1908.
Arbitrator Mr. V.G.Indrale.
3. In response to intimation/ notices, Respondents appeared before the

learned Arbitrator and filed their Written Statement in the proceedings. Both the
parties led their evidence by way of Affidavits and documents referred and
relied upon by them. Thereafter the learned Arbitrator was pleased to make and
publish his Award on 22nd January, 2016.
4. I say that the Learned Arbitrator by his letter dated _________,

A/D. on __________ . It is deemed to be served upon them on ___________.
Therefore, as per the provision of Section 3 sub-section (b) of the Arbitration
and Conciliation Act, 1996 the packets sent to the Respondents at their last
known addresses where they were known to be residing and/ or being their
mailing address known to the Applicant, amounts to a good service. Therefore,
in the said manner the award is duly served upon the Respondents. The copy of
said Mailing Proof is annexed and marked herein as “EXHIBIT A”.
appealable period of 90 days from the service of award was till ___________ as
6. I say that the Sole Arbitrator was pleaseed to make and publish Award
against Respondents on 22nd January, 2016 in the matter. The Learned Arbitrator
has been pleased to pass an Award for recovery of amount of Rs. 41,34,346/-
32
(Rupees Forty One Lac Thirty Four Thousand Three Hundred and Forty Six
only) plus interest at rate of 16% p.a. from 1st February, 2010, till payment of
whole amount to the Claimant Bank. The amount due and payable by
Respondents till 31st May, 2017, i.e., the amount of Award and the interest @
16% p.a. from 1st February, 2010 to 31st May, 2017 is Rs. 89,84,760.73/-
(Rupees Eighty Nine Lac Eighty Four Thousand Seven Hundred and Sixty Paise
Seventy Three only) alongwith cost of the Arbitration of Rs. 54, 843/- (Rupees
Fifty Four Thousand Eight Hundred and Forty Three only). Thus, total amount
due Rs. 90,39,609.73/- (Rupees Ninety Lac Thirty Nine Thousand Six Hundred
and Nine Paise Seven Three only) and further interest @ 16% p.a. on Rs.
41,34,346/- (Rupees Forty One Lac Thirty Four Thousand Three Hundred and
Forty Six only) from 1st June, 2017 till payment due.
the aforesaid award and as of today neither any appeal nor any proceedings is
pending in the abovesaid matter.
Respondents have not challenged the award before any Court. The execution
has not be stayed be any Court. As per the provisions of the Arbitration and
Conciliation Act, 1996 the award dated 22nd January, 2016 has become a decree.
9. I say that the award has been passed on 22nd January, 2016 and the
Claimants filing the present application within a period of two years from date
of award as provided under Order XXI, Rule 22 of CPC 1908, therefore the
present execution is within limitation.
10. I further say that as per knowledge of the Claimant properties

mentioned in the column “J” of the above
Execution Application belong to Respondents and same are situated within the
jurisdiction of this Hon’ble Court and therefore, this Hon’ble Court has
jurisdiction to try and entertain the present Execution Application.
11. I say and submit that it is normal procedure of the Claimant Bank to visit
33
Respondents and residential addresses of Respondents and has verified that
furniture, fixture and other movable articles which belong to Respondents above
named.


against the properties of the Respondents and thereafter Warrant of Sale of the
attach property be issued under Order XXI Rule 64 in the abovesaid matter.
Respondents after the Award dated 22nd January, 2016 is passed and pending
these proceedings.

on this day of June, 2017 )
The Laureate
Decree Holder

Comos Execution Application Vivita

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1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

A Number of Proceeding Arb/Cos/21/2010 (Before Sole Arbitrator, Mr.

B Name of Parties THE COSMOS CO-OP. BANK LTD.

1. M/s. Vivita Ltd.

Formally known as M/s. Ganesh Valley

2. Mr. Kishor Gurbax Motwani

Age: Adult, Indian Inhabitant,

3. Mr. Suresh Gurbax Motwani

Age: Adult, Indian Inhabitant

4. Mr. Praful Ratanshi Bhanushali

Age: Adult, Indian Inhabitant

5. Central Bank of India

6. Karnataka Bank Ltd.

7. Oriental Bank of Commerce

8.The Maratha Mandir Co-op. Bank Ltd.

9. ICICI Bank Ltd.

10. Export Import Bank of India

11. Abu Dhabi Commercial Bank Ltd.

12. Dombivli Nagrik Sahakari Bank Ltd.

Guruprasad, 1st Floor

13. State Bank of India

P.O. Box No. 16094

14. Apna Sahakari Bank Ltd.

15. Bank of Baroda

compensation with the Rs. 18,22,18,401.05/-

Further interest @14% p.a.

H. Details of Cost Award Rs.3,01,500.00/-

I. Name of person against 1. M/s. Vivita Ltd.

3. Mr. Suresh Gurbax Motwani

4. Mr. Praful Ratanshi Bhanushali

(Respondent Nos. 1 to 4 above named)

J. The mode in which By issuing warrant of Attachment of Movable and

warrant for sale Under Order XXI Rule 64 of Civil

Fixtures, Furniture’s, fittings and all other

Right, Title and interest of Respondent No.1 above

Fixtures, Furniture’s, fittings and all other

Right, Title and interest of Respondent No.2 above

Respondent No 4. residing at Bunglow No. 39,

I, Anant D. Powar, Age: 51 years, Occ: Service, Legal Representative THE

Solemnly declare at Mumbai )

Execution Application No. of 2016

THE COSMOS CO-OP. BANK LTD.

1.M/s. Vivita Ltd.

2.Mr. Kishor Gurbax Motwani

3.Mr. Suresh Gurbax Motwani

4.Mr. Praful Ratanshi Bhanushali

5.Central Bank of India

6.Karnataka Bank Ltd.

7.Oriental Bank of Commerce

8.The Maratha Mandir Co-op. Bank Ltd.

Thakurdwar, Mumbai- 400002

9.ICICI Bank Ltd.

10.Export Import Bank of India

11.Abu Dhabi Commercial Bank Ltd.

12.Dombivli Nagrik Sahakari Bank Ltd.

13.State Bank of India

14.Apna Sahakari Bank Ltd.

I, Anant D. Powar, Age: 51 years, Occ: Service, Legal Representative THE

1. I say that I am filing this affidavit in support of the application for

4. I say that the Learned Arbitrator by his letter dated 12/08/2014,

is Rs. 3,01,500.00/-. Total Amount due Rs. 32,70,79,832.549/-. And further

Whatever stated hereinabove is true and correct to the best of my knowledge,

I, _________________, Age: years, Occ: Service, Legal

I, _____________, Age: _ years, Occ: Service, Legal Representative