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2017 (3) TMI 496 - BOMBAY HIGH COURT

2017 (3) TMI 496 - BOMBAY HIGH COURT - TMI - Legality and validity of the attachment - liability of interest - petitioner argue that out of sheer compulsion and force a sum of ₹ 35 lakhs was paid to the respondents, but that does not mean that the petitioners admit the liability. In any event, the sum of ₹ 35 lakhs is not paid belatedly but promptly - Held that: - Once the petitioners have paid a sum of ₹ 35 lakhs, may be in the year 2013, as claimed by Mr. Jetly, appearing for .....

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ty of the attachment - petition allowed - decided in favor of petitioner. - WRIT PETITION NO. 1085 OF 1999 - Dated:- 6-3-2017 - S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ. Mr. Shailesh Kumar i/by Mr. Yogesh P. Gandhi for the Petitioners. Mr. Pradeep S. Jetly for Respondent Nos.1 to 3. ORAL JUDGMENT (Per Shri S.C. DHARMADHIKARI, J.) : 1. Having heard both sides and finding that respondent Nos.1 to 3 have recovered from the defaulters the amount whic .....

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es not mean that the petitioners admit the liability. In any event, the sum of ₹ 35 lakhs is not paid belatedly but promptly is the alternate submission. 3. These are factual disputes. Even if the writ petition is admitted and pending since 1999, on the earlier occasion as well as today, we indicated to both sides that this is not an issue which can be resolved in our limited jurisdiction. There is a clear dispute and emerging from the records of this case. Once the petitioners .....

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