Haresh Shantichand Jhaveri vs Itc Limited
2025 Latest Caselaw 3660 Bom

Bombay High Court

Haresh Shantichand Jhaveri vs Itc Limited on 19 August, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

    2025:BHC-OS:13801


                                                                                    6-IA-4079-2025.doc


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

                                     INTERIM APPLICATION NO. 4079 OF 2025
                                                      IN
                             COMMERCIAL EXECUTION APPLICATION (L) NO. 24385 OF 2023

                        HARESH SHANTICHAND JHAVERI                           )...APPLICANT
                                 V/s.
                        ITC LIMITED                                          )...RESPONDENT

                        Mr.Kuber Wagle i/by Mr.Purazar Fouzdar, Advocate for the Applicant.
                        Ms.Hilla Boatwalla i/by Nanu Hormasjee & Co., Advocate for the
                        Judgment Debtor No.1.

                                                   CORAM       :     ABHAY AHUJA, J.

                                                   DATE        :     19th AUGUST 2025
                        P.C. :

1. This Interim Application seeks restoration of Commercial

Execution Application (Lodging) No.24385 of 2023 which has been

dismissed by a self operative order of this Court dated 12th June 2025.

2. Mr.Kuber Wagle, learned Counsel for the Applicant, submits that

objections had been removed except one viz. to provide a clear copy of

Exhibit A and that while a copy of the same was being obtained, due to

the self operative order, the Execution Application has been dismissed.

Mr.Wagle submits that the dismissal is not due to any deliberate or ARTI VILAS

6-IA-4079-2025.doc

intentional act on the part of the Applicant and that this Court may

restore the Execution Application by subjecting the Applicant to some

reasonable costs.

3. Ms.Hilla Boatwalla, learned Counsel appearing for the Judgment

Debtor no.1, leaves it to the orders of this Court.

4. Accordingly, having heard the learned Counsel and having

considered the submissions, subject to payment of costs of Rs.5,000/-

to the High Court Employees Medical Welfare Fund at Mumbai, the

Execution Application is restored.

5. Subject to the above, let objections to the Execution Application

be removed within a period of two weeks and registered number be

obtained.

6. The Interim Application, accordingly, stands allowed and

disposed.

7. Subject to the above, list the Commercial Execution Application

on 29th September 2025.

8. Subject also to the above, let pleadings be completed.

(ABHAY AHUJA, J.)