Bombay High Court
Kotak Mahindra Bank Ltd. vs Dsa Airfreight Pvt.Ltd. And 3 Ros. on 19 August, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
908. IAL 8304-25 in IA 274-22 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 8304 OF 2025
IN
INTERIM APPLICATION NO. 274 OF 2022
Digamber Sakharam Tembulkar & Ors. ...Applicants
In the matter between
Kotak Mahindra Bank Ltd. ...Claimant
V/s.
DSA Airfreight Pvt. Ltd. and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 274 OF 2022
IN
EXECUTION APPLICATION NO. 43 OF 2020
WITH
EXECUTION APPLICATION NO. 43 OF 2020
Mr. Nikhil Rajani i/b V. Deshpande & Co. for the Judgment Creditor.
Mr. Ram Ugrah Singh for the Judgment Debtors.
Mr. Digambar Tembulkar and Mr. Sandip Tirwadekar - Defendants No.
2 and 4 present.
CORAM : ABHAY AHUJA, J.
DATE : 19th AUGUST 2025
P.C. :
1. Pursuant to the order dated 29th July, 2025, today when the
matter is called out, Mr. Singh, learned Counsel appears for the
Judgment Debtors and submits that only two Judgment Debtors have
been able to come and due to heavy rains, Judgment Debtor No. 3 is
unable to reach the Court and may be in the train. Mr. Singh submits
that three weeks' time be granted to make payments of the outstanding
amount to the Judgment Creditor.
Nikita Gadgil 1/3
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908. IAL 8304-25 in IA 274-22 @ connected matters.doc
2. Mr. Rajani, learned Counsel appears for the Applicant and
submits that on more than three occasions time has been sought to
make the payments and as recorded in the earlier orders of this Court,
the cheques that had been handed over on behalf of the Respondents
have also been dishonoured and the submissions made to this Court
and accepted as an undertakings to this Court have also been breached
and that this Court may consider initiating proceedings under the
Contempt of Courts Act, 1971 against the Respondents.
3. Mr. Rajani submits that the Respondents are in a habit of being
brought to the Court through warrants issued by this Court and on
their own do not even attend the Court proceedings. Mr. Rajani submits
that even today, the Judgment Debtor No. 3 is not present and that this
Court may pass appropriate orders.
4. Having heard the learned Counsel and having noted the conduct
of the Judgment Debtors No. 2 to 4, the following order is passed:-
ORDER
(i) Before the Judgment Debtors present in Court leave the Court
premises, let them furnish an undertaking to this Court that:
(a) they will remain present in the Court on every date when the
908. IAL 8304-25 in IA 274-22 @ connected matters.doc
matter is listed.
(b) That they will make payment of Rs. 10 lacs to the Judgment
Creditor within a period of three weeks.
5. List on 9th September, 2025 on the Supplementary Board.
6. Let the Judgment Debtors No. 2 to 4 positively remain present in
the Court on the next date, failing which this Court will consider to
passing orders entirely at their peril.
(ABHAY AHUJA, J.)
