Bombay High Court
Ajay Ghanshyamdas Goenka vs Alfred Micheal Arambhan on 11 August, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
32-IA-2498-2025.doc
2THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.2498 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO.39 OF 2025
AJAY GHANSHYAMDAS GOENKA )...APPLICANT
V/s.
ALFRED MICHAEL ARAMBHAN )...RESPONDENT
WITH
INTERIM APPLICATION NO.888 OF 2021
IN
CHAMBER SUMMONS (L) NO.1169 OF 2019
WITH
INTERIM APPLICATION NO.865 OF 2021
IN
CHAMBER SUMMONS (L) NO.1169 OF 2019
WITH
COMMERCIAL EXECUTION APPLICATION NO.39 OF 2025
WITH
INTERIM APPLICATION NO.2497 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO.39 OF 2025
WITH
CHAMBER SUMMONS NO.1242 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO.39 OF 2025
WITH
INTERIM APPLICATION NO.2284 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO.39 OF 2025
WITH
INTERIM APPLICATION NO.2286 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO.39 OF 2025
WITH
INTERIM APPLICATION NO.2287 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO.39 OF 2025
Nikita Gadgil 1/5
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32-IA-2498-2025.doc
Mr. Pranav Nair with Mr. Abhishek Khare and Mr. Tanishq Dube i/b
Khare Legal Chambers for the Applicant.
Mr. Bimal Bhabhda for the Judgement Debtor.
CORAM : ABHAY AHUJA, J.
DATE : 11th AUGUST 2025
P.C. :
Interim Application No. 2498 of 2025
1. When this matter is called out, Mr. Nair, learned Counsel appears
for the Applicant and submits that despite an outstanding of over Rs.
3.8 Crores no payments have been received till date and that pursuant
to four disclosures made on behalf of the Respondents, it has emerged
that one property in Bengluru is available for sale and that this Court
appoint Court Receiver, High Court Bombay with all powers of sale, so
that the part of the decretal amount can be recovered.
2. Except to say that a property under the Court Receiver may not
fetch the correct valuation no other opposition is raised on behalf of the
Respondent.
3. It is observed that in Commercial Summary Suit No. 1244 of
2018, the decree of sum of Rs. 3,47,12,222/- along with future interest
32-IA-2498-2025.doc
on the amount of Rs. 2,50,00,000/- at the rate of 18% from the date of
the Suit till payment and or realisation was passed on 29 th January,
2019.
4. It is not in dispute that the Judgment Debtor has failed to comply
with the terms of the decree and therefore, execution proceedings were
commenced.
5. It has been submitted on behalf of the Judgment Creditor that
on 30th July, 2019 by way of an affidavit of disclosure, the Judgment
Debtor has admitted owning a residential premises at Banglore located
at 1031/5, Gitanjali Layout, 2 nd Cross, HAL 3rd Stage, New
Thippasandra Post Office, Bengaluru 560075.
6. Mr. Bhabhda, learned Counsel appears for the Respondent and
has submitted that the property is lying vacant and unencumbered.
7. Mr. Nair, learned Counsel for the Judgment Creditor/Applicant
submits that since there is an outstanding of over Rs. 3.8 Crores as on
date, this Court may appoint Court Receiver to first to take possession
of the property and thereafter to have the property valued, then to ssell
the same towards the satisfaction of the decree.
32-IA-2498-2025.doc
8. I am in agreement with the submissions made on behalf of the
Applicant. Accordingly, in view of the submissions made above, I deem
it fit case to appoint the Court Receiver.
9. The Interim Application is allowed in terms of prayer Clauses (a)
to (d) under:-
"(a) this Hon'ble Court be pleased to appoint the Court Receiver,
Bombay High Court or such other person / receiver with all the
powers under Order XL of the Code of Civil Procedure, 1908
including the power to sell the property of the Judgment Debtor
being the land and building at 1031/5, Gitanjali Layout, 2 nd Cross,
HAL 3rd stage, New Thippasandra Post Office, Bengaluru 560075
admeasuring 1260 sq. ft by Khata No. 1031/5.
(b) this Hon'ble Court be pleased to direct the Court Receiver or
such other person appointed to sell the Bangalore Property of the
Judgment Debtor in partial execution of the judgment and decree
dated 29th January, 2019 passed by this Hon'ble Court to
Commercial Summary Suit No. 1244 of 2018 after conducting a
valuation of the said property.
(c) this Hon'ble Court be pleased to direct the Court Receiver, or
such other person appointed to release the sales proceeds from the
Bangalore Property to the Applicant.
(d) that pending the sale of the Bangalore Property, the Judgment
Debtor, his assigns, employees, agents or anyone claiming through
or under him be restrained from."
10. The Interim Application accordingly stands allowed and disposed
as above.
32-IA-2498-2025.doc
11. List other matters on the 30th September, 2025. Registry to
accept the replies.
12. Let objections to the Chamber Summons (L) No. 1169 of 2019 be
removed and registered number be obtained within a period of two
weeks, failing which the Chamber Summons to stand dismissed without
further reference to the Court.
13. Earlier orders to continue until the next date.
(ABHAY AHUJA, J.)
