IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3045 OF 2006 NOTICE OF MOTION NO.3045 OF 2006 NOTICE OF MOTION NO.3045 OF 2006 IN APPEAL (lodging)NO. 631 OF 2006 APPEAL (lodging)NO. 631 OF 2006 APPEAL (lodging)NO. 631 OF 2006 IN NOTICE OF MOTION NO. 67 OF 2005 IN INSOLVENCHY NOTICE NO.N/46 OF 2005 Pravin Vrajlal Gandhi ... Appellant (Orig.Judgment Debtor No.3) Versus M/s. SICOM LTD. ... Respondents Mr. A.M.Saraogi i/b. Rajesh Thakur for appellant. Mr. P.V.Shah for Respondents. CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & CORAM: D.K.DESHMUKH & J.H.BHATIA,JJ J.H.BHATIA,JJ J.H.BHATIA,JJ. DATE : 23rd July, 2007. DATE : 23rd July, 2007. DATE : 23rd July, 2007. P.C. P.C. P.C. 1. Heard learned Counsel for the appellant on the Motion as well as the Appeal. 2. Assumig that there is sufficient cause shown for condonation of delay in filing the appeal, considerign that the appellant is one of the judgment debtors, in our opinion, there is no reason to interfere with the impugned order. The fact that another judgment debtor is holding some property cannot be the reason for the appellant not paying the amount of the decree passed against him. The liability of the appellant and the Company is joint and several. Therefore, the decree holder is entitled to proceed against the appellant. We see no reason to interfere with the same. The Motion and the Appeal are disposed of. --- (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (D.K.DESHMUKH,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)