Bombay High Court
Rameshchandra Mansukhani And 5 Others vs Jagdishchandra Mansukhani And 4 Others on 26 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
8-IA(L)-26732-2022@CONNECTED MATTERS.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION (L) NO. 26372 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO.21 OF 2022
RAMESHCHANDRA MASUKHANI AND ORS. )...APPLICANT
V/s.
JAGDISHCHANDRA MANSUKHANI AND ORS. )...RESPONDENTS
WITH
CONTEMPT PETITION (L) NO. 15083 OF 2022
IN
INTERIM APPLICATION (L) NO. 26372 OF 2022
WITH
COMMERCIAL ARBITRATION PETITION (L) NO.180 OF 2020
WITH
INTERIM APPLICATION NO. 2480 OF 2024
IN
COMMERCIAL ARBITRATION PETITION NO. 31 OF 2020
WITH
INTERIM APPLICATION (L) NO. 7712 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO. 21 OF 2022
WITH
INTERIM APPLICATION NO. 1593 OF 2022
IN
COMMERCIAL ARBITRATION PETITION NO. 31 OF 2020
WITH
WITH
Digitally
signed by
ARTI
INTERIM APPLICATION (L) NO. 26361 OF 2022
ARTI VILAS
VILAS KHATATE IN
KHATATE Date:
2024.08.27
14:34:12 COMMERCIAL EXECUTION APPLICATION NO. 21 OF 2022
+0530
Mr.Gauraj Shah a/w. Mr.Rahul Mantri i/by Gobindram D. Talreja and
Associates, Advocate for the Petitioner in Contempt Petition (L)
No.15083/2022.
avk 1/5
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8-IA(L)-26732-2022@CONNECTED MATTERS.doc
Ms.Mitika Agrawal i/by AVS Legal, Advocate for the Respondents
No.1, 2, 3 and 5 in Contempt Petition (L) No.15083/2022 and for the
Respondents No.1 to 4 in IAL/7712/2023 and for the Respondents
No.1, 2 and 4 in IAL/26361/2022 and for the Respondents in
IAL/26372/2022 and for the Respondent no.1 in IAL.1593/2022 and
for the Applicants in IA/2480/2024 and for the Applicants in
CARBPL/180/2020.
Mr.Gauraj Shah and Mr.Harsh Sheth i/by MDP & Partners, Advocate for
the Judgment creditors - RCM group.
Mr.Dhavan Shah, Advocate for the Proposed Respondents No.1, 2 and 3
in IAL/26361/2022 and for the Respondents No.4 and 6 in Contempt
Petition (L) No.15083/2022 and for the Respondent No.6 in
IAL/7712/2023.
Ms.Jyoti Chavan, Additional Government Pleader, for the Respondent
No.8 - State of Maharashtra in Contempt Petition (L) No.15083/2022
and IAL/26372/2022.
Mr.N.C.Pawar, Officer on Special duty, Court Receiver's Office, present
in Court.
CORAM : ABHAY AHUJA, J.
DATE : 26th AUGUST 2024
P.C. :
1. Pursuant to order dated 5th August 2024, today when the matter
is called out, both the learned Counsel submit that on 13 th August 2024
the Hon'ble Supreme Court has appointed Justice (Retd.) Dr.S.
8-IA(L)-26732-2022@CONNECTED MATTERS.doc
Muralidhar as Mediator to attempt to resolve the dispute between the
parties amicably and liberty has been granted to the parties to mention
the matter after the mediation process is over, and that, therefore, this
matter be suitably adjourned till the mediation process is over.
2. On 5th August 2024, this Court had passed the following order :
"1. At the outset, when the matters are called out, learned
Counsel submit that Interim Application (L) No.12226 of 2023
and Interim Application (L) No.1953 of 2024 have become
infructuous and may be disposed. Accordingly, the said two
Interim Applications are disposed as infructuous.
2. Learned Counsel further submit that the matter before the
Hon'ble Supreme Court on 15 th July 2024 has been adjourned to
13th August 2024 and will be heard there. It is further submitted
that the matters pending in the Hon'ble Supreme Court, in view
of the failed mediation, can go on independently of the matters
pending before this Court.
3. Mr.Singh, learned Counsel, appearing for the Respondents
no.1, 2, 3 and 5 in the Contempt Petition would submit that as
far as the Respondents no.2 and 3 are concerned, there is an
interim moratorium. That, as far as the Respondent no.1 is
concerned, there is a Resolution Professional, and therefore,
there is also a moratorium with respect to the said Respondent,
and that, these proceedings cannot go on until the proceedings
before the National Company Law Tribunal ("NCLT") are finally
decided.
4. Mr.Lohia, learned Counsel for the Applicant in Interim
Application (L) No.26361 of 2022, Interim Application (L)
No.7712 of 2023 and Interim Application (L) No.26372 of 2022,
however, opposes submitting that the Contempt Petition as well
as the Interim Application (L) No.26361 of 2022, Interim
Application (L) No.7712 of 2023 and Interim Application (L)
8-IA(L)-26732-2022@CONNECTED MATTERS.doc
No.26372 of 2022 can go on, irrespective of the moratorium.
5. Mr.Arsiwala, learned Counsel, appears for the Respondents
no.4 and 6 in the Contempt Petition and for the Respondent no.6
in Interim Application (L) 7712 of 2023 and seeks some time to
file reply(ies) submitting that there is no award against the said
Respondents and that the blanket restraint granted by this Court
in favour of the Applicants is affecting them.
6. Be that as it may, let appropriate reply(ies) be filed with
copies to the others by 14th August 2024. Rejoinder(s), with
copy(ies) to the others, by 21st August 2024.
7. List on 26th August 2024 along with Interim Application
(L) No.6926 of 2021.
8. Till the next date, the restraint in paragraph 7 of the order
dated 11th March 2024, to continue.
9. Let objections be removed in all the Applications by the
next date."
3. Both the learned Counsel submit that in view of the order of the
Hon'ble Supreme Court, no reply(ies) or rejoinder(s) have been filed
and also the objections to the application have not been removed and
this Court grant some more time to do so. Let the objections be
removed before seeking circulation of the matter, after the decision of
the Hon'ble Supreme Court, post conclusion of the mediation, as
directed by the Hon'ble Supreme Court.
4. It is expected that before seeking circulation, reply(ies) and
rejoinder(s) would also be filed in the various applications, as directed
by order dated 5th August 2024.
8-IA(L)-26732-2022@CONNECTED MATTERS.doc
5. Both the learned Counsel submit that the restraint contained in
paragraph 7 of the order dated 11th March 2024 also be continued until
further orders. Accordingly, the said restraint contained in paragraph 7
of the order dated 11th March 2024 is continued until further orders but
subject to the orders of the Hon'ble Supreme Court in the proceedings
pending there.
6. Till the conclusion of the proceedings before the Hon'ble
Supreme Court, remove from board. Liberty to apply.
(ABHAY AHUJA, J.)
