Birla Estate Private Limited vs Shahanawaz Enterprises
2024 Latest Caselaw 25383 Bom

Bombay High Court

Birla Estate Private Limited vs Shahanawaz Enterprises on 4 September, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                510.IAL 25535-24 in COMEXL 25875-23.doc


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

                                 INTERIM APPLICATION (L) NO. 25535 OF 2024
                                                   IN
                           COMMERCIAL EXECUTION APPLICATION (L) NO. 25875 OF 2023

                      Birla Estate Private Limited                          ...Applicant
                      In the matter between
                      M/s Shahnawaz Enterprises                             ...Decree Holder
                                   V/s.
                      Birla Estate Private Limited                          ...Respondent

                      Mr. Anirudh Hariani with Mr. Anirban Sen and Mr. Samarth Chowdhary
                      for Applicant.
                      Mr. Anshul Anjarlekr i/b Ravac-Shah & Co. for Applicant in COMEXL
                      25875/23.

                                                CORAM   :    ABHAY AHUJA, J.

                                                DATE    :    4th SEPTEMBER, 2024


                      P.C. :

         Digitally
         signed by
         NIKITA
NIKITA YOGESH
YOGESH GADGIL

1. This Interim Application seeks recall/modification of the order GADGIL Date:

2024.09.04 15:18:37 +0530

dated 2nd July, 2024 in so far as direction to the Applicant to make

disclosure.

2. Mr. Hariani, learned Counsel appearing for the Applicant

submits that against the order dated 2 nd July, 2024, an appeal was filed

and the Appellate Court by order dated 6 th August, 2024 has directed

the filing of this Application.

510.IAL 25535-24 in COMEXL 25875-23.doc

3. A perusal of the said order indicates that after considering the

reply on behalf of the decree holder, this Court is to decide the issue

raised by the Applicant of being distinct entity than the Judgment

Debtor.

4. Accordingly, let the reply to the said Application be filed within a

period of two weeks, with copy to the other side. Rejoinder within a

week thereafter, with copy to the other side. List on 9th October, 2024.

(ABHAY AHUJA, J.)