Bombay High Court
Birla Estates Private Limited vs Shahnawaz Enterprises on 6 August, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
31 COMAPST-23333-24.doc
BDP-SPS-
BHARAT
DASHARATH
PANDIT IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by BHARAT
DASHARATH
ORDINARY ORIGINAL CIVIL JURISDICTION
PANDIT
Date: 2024.08.07
12:15:09 +0530
COMMERCIAL APPEAL (ST) NO.23333 PF 2024
IN
INTERIM APPLICATION (L) NO.15231 OF 2024
IN
COMMERCIAL EXECUTION APPLICATION (L) NO.25875 OF 2023
ALONGWITH
INTERIM APPLICATION (L) NO.23529 OF 2024
IN
COMMERCIAL APPEAL (ST) NO.23333 PF 2024
Birla Estates Private Limited ....Appellant/Orig. Respondent
V/s
M/s. Shahnawaz Enterprises ....Respondent/Orig. Applicant.
-----
Mr. Nimay Dave a/w Mr. Anirudh Hariani, Mr. Soura Ghosh, Mr.
Anirban Sen, Advocates for the Applicant/Appellant.
Mr. Rishabh Shah a/w Mr. Anshul Anjarlekar i/b Raval Shah & Co.,
Advocates for the Respondent.
-----
CORAM: A.S. CHANDURKAR &
RAJESH S. PATIL, JJ.
DATE: 6th August, 2024
P.C.:-
1] Heard. The appellant is aggrieved by the order dated 02/07/2024
passed by the learned Single Judge directing the judgment-debtor to
make disclosures in terms of prayer clause (c) of Interim Application
(L) No.15231 of 2024. One of the contentions urged by the learned
counsel for the appellant is with regard to its identity being a distinct
from the judgment-debtor.
31 COMAPST-23333-24.doc
2] On hearing the learned counsel for the appellant, we find that it
would be necessary to first have a finding recorded on the ground
raised by the appellant of it being a distinct identity than the judgment-
debtor. Paragraph 3 of the impugned order records the submission
made on behalf of the appellant that it had been wrongly added as
party to the Execution Application and the Interim Application. The
contentions now sought to be raised in appeal were not placed on
record before the learned Single Judge for consideration as a result of
which the learned Judge had no occasion to rule on the same.
3] In these facts, the interest of justice would be served by
permitting the appellant to approach the learned Single Judge with an
application to consider its objection that it is a distinct legal identity
than the judgment-debtor. Based on such contention, it would be open
for the appellant to seek modification of the order dated 02/07/2024.
Within a period of one week from today, appellant is at liberty to move
the learned Single Judge in the proceedings being Commercial
Execution Application (L) No.25875 of 2023. After considering the
reply on behalf of the decree holder, the learned Single Judge is free to
proceed in accordance with law. It is clarified that all contentions of
either parties are kept open for being raised before the learned Single
Judge. Needless to stay that till the aforesaid application is considered
and decided, there would be no occasion for the appellant to undertake
disclosures in terms of paragraph 5 of the said order.
31 COMAPST-23333-24.doc
4] The Commercial Appeal is allowed in the aforesaid terms with no
order as to costs. Pending Interim Application is also disposed of.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J.]
