Orceth Gomes vs Khurshid Dinyar Daruwala
2024 Latest Caselaw 25165 Bom

Bombay High Court

Orceth Gomes vs Khurshid Dinyar Daruwala on 2 September, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                              25-IA-1380-2023.doc


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

             INTERIM APPLICATION NO. 1380 OF 2023
                              IN
      COMMERCIAL EXECUTION APPLICATION (L) NO. 4120 OF 2023

 Orceth Gomes                                 ... Applicant

                  V/s.

 Khurshid Dinyar Daruwala                     ... Respondent

                                  WITH
                 INTERIM APPLICATION (L) NO. 18835 OF 2024
                                    IN
                   INTERIM APPLICATION NO. 1380 OF 2023

 Mr. Gaurang Mehta instructed by Ms. Dipal Mehta, Advocate for the
 Applicant/Decree Holder.
 Ms. Khurshid Dinyar Daruwala, Respondent, present in-person.

                                  CORAM       :        ABHAY AHUJA, J.

                                  DATE        :        2 SEPTEMBER, 2024

 P.C. :

1. Today, when the matter is called out, Respondent appears in-

person and once again seeks time submitting that she would be

appointing an Advocate. Mr. Mehta appearing for the Applicant/Decree

Holder reiterates and maintains that the Judgment Debtor is

deliberately delaying the matters and draws the attention of this Court

to paragraph 4 of the last order submitting that last chance was granted

to file reply. However, the same has not done till date.

25-IA-1380-2023.doc

2. Having heard Mr. Mehta and also having considered the

request made by the Judgment Debtor, this Court has put to the

Judgment Debtor in-person that either she appoint an Advocate or seek

an approval from the committee to appear as party in-person or if she

needs assistance from legal aid, then this Court would refer her to the

legal aid, subject to being qualified under the Legal Services Authorities

Act, 1987.

3. However, Ms. Daruwala submits that she be given one week's

time to appoint an Advocate. Let the Advocate be appointed within a

period of one week and reply be filed within a week thereafter, with a

copy to the other side. Rejoinder be filed in a week thereafter.

4. List on 1st October 2024. It is made clear that if the orders of

this court are not complied with, this Court will proceed to pass orders

in accordance with law.

5. In the interests of justice, until the next date, the Respondents

are directed, not to, in any manner whatsoever deal with or dispose of

their assets, movable or immovable, tangible or intangible.

(ABHAY AHUJA, J.)