Jagdishchandra Mansukhani And 3 Ors vs Rameshchandra Mansukhani And 8 Ors
2024 Latest Caselaw 24721 Bom

Citation : 2024 Latest Caselaw 24721 Bom
Judgement Date : 26 August, 2024

Bombay High Court

Jagdishchandra Mansukhani And 3 Ors vs Rameshchandra Mansukhani And 8 Ors 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
          INTERIM APPLICATION (L) NO. 26361 OF 2022
                              IN
      COMMERCIAL EXECUTION APPLICATION NO. 21 OF 2022

 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.


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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.