Bombay High Court
Vardhman Developers Ltd vs Orbit Corporation Ltd. And 4 Ors on 30 January, 2023
Bench: R. I. Chagla
23-CHSCD 345.2019, CHSCD 1.2022 in COMEX 23.2022 and IA 280.2023, IA 2103.2021, CPCD 29.2020.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 345 OF 2019
WITH
CHAMBER SUMMONS NO.1 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO.23 OF 2022
AND
INTERIM APPLICATION NO.280 OF 2023
AND
INTERIM APPLICATION NO.2103 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION (L) NO.988 OF 2018
AND
CONTEMPT PETITION NO.29 OF 2020
IN
CHAMBER SUMMONS NO.1 OF 2022
Vardhman Developers Limited ...Plaintiff
Versus
Orbit Corporation Ltd. & Ors., ...Defendants
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Kausar Banatwala i/b Mr. Tushar Goradia, Advocate for Applicant in
Chamber Summons No.345 of 2019.
Mr. E.B. Sivakumar, Ist Asstt. to Court Receiver present.
Mr. Vishal Kanade a/w Mr. Saurabh C. Nagasheth i/b Ms. Swati L.
Kapadia, Advocates for Applicant in Chamber Summons
No.345/2019.
Mr. Phatal Sumit Sanjay, Advocate for Respondent/Judgment Nos.2
to 4 in Contempt Petition No.29 of 2020.
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23-CHSCD 345.2019, CHSCD 1.2022 in COMEX 23.2022 and IA 280.2023, IA 2103.2021, CPCD 29.2020.doc
CORAM : R.I. CHAGLA J.
DATE : 30TH JANUARY, 2023.
ORDER :
1. Interim Application No.280 of 2023 is not on Board.
2. This Interim Application has been taken out by the
Respondents/Judgment Debtor Nos. 1 and 2 for challenging the
registration of Commercial Execution Application in spite of the
objection not have been complied with.
3. Learned Counsel for the Judgment Creditor/Respondent has
sought time to file Affidavit-in-Reply to the Interim Application.
4. The Judgment Creditor/Respondent to the Interim Application
shall file Affidavit-in-Reply within a period of one week from the date
of this order i.e. on or before 6th February, 2023.
5. Mr. Vishal Kanade, learned Counsel appearing for the Applicant
in Chamber Summons No.345 of 2019 states that by the Chamber
Summons, the Applicant has sought discharge of Court Receiver in
respect of the properties as the purpose for appointing the Court
Receiver has been satisfied. He has accordingly sought that the
Chamber Summons be detagged with the remaining Interim
23-CHSCD 345.2019, CHSCD 1.2022 in COMEX 23.2022 and IA 280.2023, IA 2103.2021, CPCD 29.2020.doc
Application in the Execution Application and to be heard separately.
6. Accordingly, the Chamber Summons shall be heard separately.
The Interim Application No.280 of 2023 shall be placed on 9 th
February, 2023. The Interim Application No.2103 of 2021 shall also
be placed on that day i.e. on 9th February, 2023.
7. The Chamber Summons No.345 of 2019 shall be placed on 14 th
February, 2023, High on Board.
8. The pleadings of the Chamber Summons alongwith Chamber
Summons No.1 of 2022 have already been completed. Mr. Kanade
states that there has been compliance with the Consent Terms dated
23rd September, 2016 of the properties in respect of which Court
Receiver had been appointed.
9. At this stage, Mr. Phatal, learned Counsel appearing for
Respondents/Judgment Debtor Nos.2 to 4 in Commercial Contempt
Petition No.29 of 2020 has sought time to file Affidavit-in-Reply to
the Contempt Petition.
10. The Respondent Nos. 2 to 4 shall file their Affidavit-in-Reply
within a period of two weeks from the date of this order.
23-CHSCD 345.2019, CHSCD 1.2022 in COMEX 23.2022 and IA 280.2023, IA 2103.2021, CPCD 29.2020.doc
11. Place the Commercial Contempt Petition No.29 of 2020 on 21 st
February, 2023.
[R.I. CHAGLA J.]
