Citation : 2025 Latest Caselaw 3773 Bom
Judgement Date : 21 August, 2025
37-comex-30-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
COMMERCIAL EXECUTION APPLICATION (L) NO.345 OF 2025
ALONGWITH
INTERIM APPLICATION (L) NO.957 OF 2025
WITH
INTERIM APPLICATION NO.4216 OF 2025
WITH
INTERIM APPLICATION NO.3543 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION (L) NO.345 OF 2025
Kiran Purushottam Goradia )... Applicant
V/s.
Janak alias Jaykar S Doshi & Anr. )... Respondents
ALONGWITH
COMMERCIAL EXECUTION APPLICATION NO.30 OF 2025
ALONGWITH
INTERIM APPLICATION NO.300 OF 2025
WITH
INTERIM APPLICATION NO.4215 OF 2025
WITH
INTERIM APPLICATION (L) NO.16126 OF 2025
WITH
INTERIM APPLICATION NO.3552 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO.30 OF 2025
Jayesh Savla )... Applicant
V/s.
Janak alias Jaykar S Doshi & Anr. )... Respondents
Mr.Karl Tamboly a/w Mr.Aadil Parsurampuria, Mr.Tejas Agarwal,
Mr.Hrishikesh Tajane and Mr.Tejaswi P. i/b IC Legal Advocate for the
Digitally signed Applicatn in COMEX No.30/2025.
by RAJSHREE
RAJSHREE KISHOR MORE
KISHOR Date:
MORE 2025.08.22
10:01:37
+0530 Rajshree 1/4
::: Uploaded on - 22/08/2025 ::: Downloaded on - 22/08/2025 23:43:49 :::
37-comex-30-2025.doc
Mr.Karl Tamboly a/w Mr.Aadil Parsurampuria i/b D.Y. Shankar a/w
Vishakha Tandel for the Applicant in IAL No.957/2025, for Respondent
No.1 in IA No.4216/2025.
Dr.Abhinav Chandrachud with Ms.Malika Shirzade and Ms.Vaishnavi
Chaudhary i/b Zohra Lokhandwala for Respondent No.2 in IA
No.300/2025 and IA No.957/2025.
Mr.Harihar Bhave a/w Ms.Divya Menon i/b Bhave & Co. for SBI.
Mr.Rohan Savant a.w Mr.Aagam Mehta i/b Kayval Prafulla Shah for
Respondent No.1-Janak Doshi.
Mr.N.C. Pawar, Court Receiver, present.
CORAM : ABHAY AHUJA, J.
DATE : 21st AUGUST 2025 P.C. :
1. These matters were kept back in the morning session as
Mr.Rohan Savant, the learned counsel appearing for the Judgment
Debtor, sought some time to take instructions with respect to
Rs.18,69,000/- and also because none was present on behalf of Court
Receiver.
IANo.300 of 2025 and IA No.957 of 2025
2. In the afternoon session, Mr.Savant appears and on instructions
states that without prejudice to the rights and contentions of his client,
within a period of two weeks, the Judgment Debtor would deposit
37-comex-30-2025.doc
Rs.18,69,000/- with the Prothonotary and Senior Master.
3. Mr. Parsurampuria, learned counsel appearing for the Judgment
Creditor submits that after the amount is deposited, this Court may
permit withdrawal of the same. The statement is accepted.
4. In view of the above, after the amount is deposited, the
Judgment Creditors are permitted to withdraw the amount equally
after making an appropriate application to the Prothonotary and Senior
Master, who shall release the said amounts subject to due verification
and necessary undertakings.
INTERIM APPLICATION (L) NO.16126 OF 2025
5. Dr.Chandrachud, learned counsel appears for the Applicant and
submits that the said Application is for recall of the order dated
07/04/2025 read with order dated 28/04/2025.
6. Mr.Parsurampuria, learned counsel seeks to tender reply.
Registry to accept the same. Let copy of the same be furnished to the
others, during the course of the day. Let rejoinder be filed by the next
date, with copy to the others.
7. Let the objections be removed and registered number be
obtained before the next date failing which this Court will pass
appropriate orders including levy of cost.
37-comex-30-2025.doc
IA NO.4215 OF 2025 AND IA NO.4216 OF 2025
8. Let the learned Court Receiver respond to the said Applications.
9. List all the matters on 22nd September, 2025.
(ABHAY AHUJA, J.)
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