Prysmian Cavi E Sistemi S.R.L vs Vijay Karia And 78 Ors
2023 Latest Caselaw 10562 Bom

                                                                                       ial 16939-23.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        ORDINARY ORIGINAL CIVIL JURISDICTION
                                                 IN ITS COMMERCIAL DIVISION

                                 INTERIM APPLICATION (L) NO. 16939 OF 2023
                                                   IN
                              COMMERCIAL EXECUTION APPLICATION NO. 21 OF 2021
         Digitally
         signed by

LAXMI
         LAXMI
         SUBHASH
         SONTAKKE
                      Prysmian Cavie E Sistemi S.r L
SUBHASH
SONTAKKE Date:
         2023.10.12
         13:57:57
         +0530        formerly known as
                      Prysmian Cavi E Sistemi Energia S.R.L.               ..Applicant/Decree Holder
                                  Vs.
                      Vijay Karia & Ors                                    ..Defendants/Respondents

Mr. Zubin Behram Kamdin, Senior Counsel a/w Tushar Hathiramani,

M. P. Bhrucha, Sneha Jaisingh, Prangana Barua, Aastha Kaushal, Tanya

Chaudhary i/b Bharucha & Partners, for the Applicant.

Mr.Vikram Nankani, Senior Advocate a/w Yash Momaya, Teresa

Daulat, Rishi Daulat, Mr. Mohanish Patkar, Ayushi Khandelwal,

Siddharth Nunes, Nidhi Boriya, Raj Adhia i/b TRD Associates, for

Respondent Nos.1, 5 to 7,9, 58A, 61, 65 & 66.

Mr. Girish Godbole,Senior Advocate a/w Manthan Unadkat i/b Unadkat

& Co, for Respondent Nos.3,4,10 to 18, 46 to 48 and 77.

Mr. Karl Tamboly a/w Teresa Daulat, Rishir Daulat, Mohanish Patkar,

Ayush Khandelwal, Siddharth Nunes, Nidhi Boriya, Raj Adhia i/b TRD

OCTOBER 11 2023 Laxmi

ial 16939-23.doc

Associates, for Respondent Nos.20, 22,23,25,27,28,31 to 34, 36 to 42,

44,45, 50 to 57, 64 & 73.

                                   CORAM       : B. P. COLABAWALLA &

                                   DATE        : OCTOBER 11, 2023

P. C.

1. The above Interim Application is filed by the Original

Applicant in Commercial Execution Application No. 21 of 2021. The

above Execution Application had been heard by me on several days and

thereafter judgment was reserved on 8 th December, 2022. Parties were

directed to file their brief written submissions as well. Those came to be

filed by 26th December, 2022. Since I have not been able to pass final

judgment in the Execution Application, this Interim Application has

been moved seeking some urgent reliefs.

2. The respective Advocates appearing for the Respondents

sought two weeks' time to file an affidavit in reply to the above Interim

Application. In these circumstances, it is directed that the affidavit in

reply, if any, to the above Interim Application shall be filed on or before

OCTOBER 11 2023 Laxmi

ial 16939-23.doc

27th October, 2023 and a copy of the same shall be served on the

Advocates for the Applicant as well as on the other Respondents.

3. Mr. Kamdin, the learned Senior Counsel appearing for the

Applicant has stated that the Applicant does not wish to file any affidavit

in rejoinder. The said statement is accepted.

4. Place the above Interim Application on board on 1 st

November, 2023 at 4.30 pm.

5. This order will be digitally signed by the Private Secretary/

Personal Assistant of this Court. All concerned will act on production by

fax or email of a digitally signed copy of this order.

[ B. P. COLABAWALLA, J.]

OCTOBER 11 2023 Laxmi