Ed And F Man Commodities India Pvt Ltd vs Shree Satpuda Tapi Pariskar Ssk Limited
2024 Latest Caselaw 14538 Bom

Bombay High Court

Ed And F Man Commodities India Pvt Ltd vs Shree Satpuda Tapi Pariskar Ssk Limited on 7 May, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

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

                                           INTERIM APPLICATION (L) NO.8270 OF 2024
                                                             IN
                                       COMMERCIAL EXECUTION APPLICATION NO.16 OF 2023

                         ED & F Man Commodities India
                         Private Limited                                ... Intervenor/Applicant

                         In the matter between:
                         Aelea Commodities Private Limited       ... Plaintiff/Decree Holder
                                Vs.
                         Shree Satpuda Tapi Pariskar SSK Limited ...Defendant/Judgment Debtor

                                                             -------
                         Mr. Yatin R. Shah with Mr. Keyur            Adhvaryu, Advocates for the
                         Intervenor/Applicant.
                         Ms. Arundhati Korale with Mr. Gajanan Shinde i/by M/s Vis Legis Law
                         Practice, Advocates for the Respondent in IA/Plaintiff/Decree Holder.
                         Mr. Ahmed Padela i/by M/s The Law Point, Advocate for the Defendant/
                         Judgment Debtor.
                                                           -------
                                           CORAM : ABHAY AHUJA, J.

DATE : 07 MAY, 2024.

P.C. :

1. Pursuant to order dated 15th April, 2024, today when the matter is

called out, Mr. Yatin Shah, learned counsel appears for the Applicant and

seeks some more time to file rejoinder in the matter.

Digitally signed by

PRIYA RAJESH PRIYA RAJESH SOPARKAR 2. Let the rejoinder be filed by 19 th June, 2024 with a copy to the other SOPARKAR Date:

2024.05.07 18:24:55 +0530

side.

                           Priya R. Soparkar                                                                   1 of 3



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3. Mr. Shah has submitted that although the order of injunction is of

3rd April, 2023, however, the Warrant of Attachment of 8 th June, 2023

which is after the order of restraint by this Court.

4. Ms. Arundhati Korale, learned counsel appears for the Respondent

viz. the Applicant in the Execution Application and submits that her client

was not aware of the order dated 3 rd April, 2023 in Commercial

Arbitration Petition No.16 of 2023 pursuant to which the Applicant in

this Application has been granted ad-interim relief, whereby the Judgment

Debtor has been restrained from dealing with the office property ad-

measuring 770 sq. ft. situate at 105, 10th floor, "C" Wing, Mittal Court,

Nariman Point, Mumbai alongwith all furnitures, fixures and equipments

and that barring this office property, this Court permit the execution

proceedings in respect of other properties to continue.

5. Be that as it may, let rejoinder be filed by the next date with a copy

to the other side.

6. In view of the above factual position, until further orders, the

execution to proceed except with respect to the aforesaid office property

Priya R. Soparkar 2 of 3

3 908 ial 8270-24 in comex 16-23-os.doc

situate at 105, 10th floor, "C" Wing, Mittal Court, Nariman Point, Mumbai.

7. List on 19th June, 2024.

                                            (ABHAY AHUJA, J.)




   Priya R. Soparkar                                                             3 of 3