Sandhya Sanjay Sathaye And 2 Ors. vs Siddhivinayk Construction Company ...
2025 Latest Caselaw 2233 Bom

Bombay High Court

Sandhya Sanjay Sathaye And 2 Ors. vs Siddhivinayk Construction Company ... on 13 August, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                            912-IA-3547-2025.doc


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

                     INTERIM APPLICATION NO.3547 OF 2025
                                     IN
                     INTERIM APPLICATION NO.1121 OF 2022

 Parimal Jaswantrai Mehta & Anr.                     ...Applicants
 In the matter between
 Sandhya Sanjay Sathaye & Ors                        ...Judg. Creditors
        V/s.
 Siddhivinayak Construction Co. Pvt. Ltd. & Anr.     ...Judg. Debtors
        And
 Parimal Jaswantrai Mehta & Anr                      ...Respondents

                                    WITH
                     INTERIM APPLICATION NO.1121 OF 2022
                                     IN
                  EXECUTION APPLICATION (L) NO.5654 OF 2022
                                    WITH
                     INTERIM APPLICATION NO.3553 OF 2025
                                     IN
                  EXECUTION APPLICATION (L) NO.5654 OF 2022
                                    WITH
                   COURT RECEIVER'S REPORT NO.448 OF 2024
                                     IN
                  EXECUTION APPLICATION (L) NO.5654 OF 2022

 Mr. Karl Tamboly with Ms. Fatema Tankiwala, Mr. Mangirish Saraf and
 Mr. Zohan Setalvad i/b LT Law for the Judgment Creditor.
 Mr. Shanay Shah with Mr. Yashpal Jain and Ms. Jahnavi Vora i/b
 Yashpal Jain for Respondents No. 3 and 4 in IAL 23127 of 2023 for
 Applicant in IAL 2315 of 2025.
 Mr. S. S. Chopda, OSD, Court Receiver.

                               CORAM   :    ABHAY AHUJA, J.

                               DATE    :    13th AUGUST 2025










                                                             912-IA-3547-2025.doc


 P.C. :

1. When the matter is called out, learned Counsel appear for the

Execution Applicant as well as for the Interim Applicant in Interim

Application No. 3547 of 2025 and submits that despite direction of this

Court pursuant to earlier orders, there has been no compliance nor the

Respondents have cared to remain present in Court. That none is

present for Respondents No. 1 and 2 today and that this Court may

direct issuance of the non-bailable warrants against the two

Respondents.

2. Mr. Tamboly, learned Counsel appearing for the Execution

Applicant also points out that the two Respondents are also not

cooperating with the Receiver appointed by this Court.

3. Having heard the learned Counsel and having considered their

submissions, this Court directs that non-bailable warrants be issued

against the Respondents No. 1 and 2, returnable on 11th September,

2025.

912-IA-3547-2025.doc

4. The Applicant to assist the Registry and furnish details of the

concerned Police Station for the execution of the non-bailable warrants.

The Senior Police Inspector of the concerned Police Station to have the

said non-bailable warrants executed and secure the presence of the

Respondents on the next date.

5. Let the Respondents No. 1 and 2 also remain present in this

Court on the next date. Let objections be removed and registered

number be obtained by the next date.

(ABHAY AHUJA, J.)