Bombay High Court
J.C. Flowers Asset Reconstruction ... vs Kash Foods Pvt. Ltd. And 7 Ors on 30 July, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
911 and 57.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.23311 OF 2025
IN
INTERIM APPLICATION (L) NO.5207 OF 2024
ARPN Enterprises Private Limited ...Applicant
V/s.
Kash Foods Private Limited ...Respondent
WITH
INTERIM APPLICATION NO.2657 OF 2025
IN
INTERIM APPLICATION NO.2799 OF 2025
J.C. Flowers Asset Reconstruction Pvt. Ltd. ...Applicant
V/s.
Kash Foods Private Limited and Others ...Respondents
WITH
INTERIM APPLICATION NO.2799 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO.45 OF 2022
WITH
INTERIM APPLICATION NO.2798 OF 2025
IN
INTERIM APPLICATION NO.2799 OF 2025
WITH
INTERIM APPLICATION NO.630 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO.45 OF 2022
Mr. Ryan D'Souza with Ms. Ekta Tyagi, Ms. Priyamvada Singhania and
Ms. Sneha Barange i/b DSK Legal for the Applicant.
Mr. Sharan Jagtiani, Senior Advocate with Ms. Apurva Manwani for the
Judgment Creditors.
CORAM : ABHAY AHUJA, J.
DATE : 30th JULY 2025
911 and 57.doc
P.C. :
Interim Application (L) No. 23311 of 2025
1. This Interim Application seeks restoration of the Interim
Application (L) No. 5207 of 2024, which has came to be dismissed by
virtue of self a operative order of this Court dated 18th June, 2025.
2. Mr. D'Souza, learned Counsel appears for the Applicant and
submits that since objections could not be removed within a period of
two weeks from 18th June, 2025, the Interim Application (L) No. 5207
of 2024 came to be dismissed. That the same is not deliberate in as
much as the Application comprised of over 1000 pages and although
the Applicant diligently took measures to comply with and remove the
office objections, however, in the absence of any pages being marked
for objections, the Applicant was acting under the assumption that the
objections related to the pages which contain registration and notary
stamps. That, therefore, the Applicant was unable to remove the
objections in the time period as directed by this Court, which led to the
dismissal of the Interim Application in question.
3. Mr. D'Souza also submits that the non-removal of objections
within the prescribed period is not deliberate and the Applicant
undertakes to rectify the defects at the earliest. That if the Application
911 and 57.doc
is not allowed, the Applicant would be gravely prejudiced as the
Application pertains to protection of the Applicant's security interest in
the project. Mr. D'Souza submits that, therefore, the Application be
allowed.
4. Mr. Jagtiani, learned Senior Counsel appearing for the Judgment
Creditors leaves it to the orders of this Court.
5. Although it has been submitted that the non-removal of the
objections within prescribed period is not deliberate and also there are
no undertaking to rectify the defect at the earliest, however, the fact
that an order of this Court has not been complied cannot be denied.
However, it has also not been denied on behalf of the Judgment
Creditors that if the Application is not allowed, the Applicant herein
will be gravely prejudiced as the Application pertains to protection of
the Applicant's protection interest.
6. Accordingly, having heard the learned Counsel and having
perused the Interim Application, this Court is inclined to allow the
Application, however, subject to payment of costs of Rs. 5,000/- to be
paid to the High Court Law Library, Original Side, within a period of
one week.
911 and 57.doc
7. Subject to the payment of costs as above within a period of one
week, the Interim Application is allowed in terms of prayer Clauses (a)
and (b), which read thus:-
"(a) That this Hon'ble Court may be pleased to restore the
Interim Application (L) No. 5207 of 2024.
(b) That this Hon'ble Court may be pleased to grant two
weeks' time or such time as this Hob'le Court deems fit to
comply with office objections".
8. Let the objections be removed and registered number be
obtained within a period of two weeks.
9. The Interim Application accordingly stands allowed and disposed
as above.
10. Subject to the above, list the Interim Application (L) No. 5207 of
2024 after obtention of registered number on 8th September, 2025
along with Interim Application No.2657 of 2025 in Interim Application
No.2799 of 2025, Interim Application No. 2799 of 2025 in Commercial
Execution Application No. 45 of 2022, Interim Application No. 2798 of
2025 in Interim Application No. 2799 of 2025, Interim Application No.
630 of 2023 in Commercial Execution Application No.45 Of 2022.
(ABHAY AHUJA, J.)
Digitally
signed by
NIKITA NIKITA
YOGESH
YOGESH GADGIL
Date:
GADGIL 2025.07.30
20:34:46
+0530
