Bombay High Court
Ashiq Ali Merchant vs Maneesh Bawa And 2 Ors on 31 July, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
14-EXA-1551-2012@CONNECTED APPLICATIONS.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO. 1551 OF 2012
MANISH MAHAL CO-OP. HSG. SOC. LTD. )...APPLICANT
V/s.
MANISH DEVELOPERS AND OTHERS )...RESPONDENTS
WITH
COURT RECEIVER'S REPORT NO. 371 OF 2022
WITH
REVIEW PETITION (L) NO. 1 OF 2020
WITH
INTERIM APPLICATION (L) NO.12456 OF 2022
WITH
COURT RECEIVER'S REPORT NO. 189 OF 2022
WITH
CHAMBER SUMMONS NO. 820 OF 2019
WITH
CHAMBER SUMMONS NO. 822 OF 2019
Digitally
signed by
WITH
ARTI
ARTI
VILAS
VILAS
KHATATE
KHATATE Date:
CHAMBER SUMMONS NO. 819 OF 2019
2025.08.01
18:27:24
+0530 WITH
INTERIM APPLICATION (L) NO.7232 OF 2024
WITH
INTERIM APPLICATION (L) NO.6766 OF 2023
WITH
INTERIM APPLICATION (L) NO.15762 OF 2023
WITH
INTERIM APPLICATION NO. 292 OF 2020
IN
EXECUTION APPLICATION NO. 1551 OF 2012
Dr.Kishan Khanna, Advocate for the Applicant.
Mr.Vikram Sathaye i/by Mr.Somnath Thengal, Advocate for the
Respondent no.2.
Mrs.Nandini Deshpande, 1st Assistant to Court Receiver, present in
Court.
avk 1/5
::: Uploaded on - 01/08/2025 ::: Downloaded on - 02/08/2025 10:02:41 :::
14-EXA-1551-2012@CONNECTED APPLICATIONS.doc
CORAM : ABHAY AHUJA, J.
DATE : 31st JULY 2025
P.C. :
COURT RECEIVER'S REPORT NO. 371 OF 2022
AND
COURT RECEIVER'S REPORT NO. 189 OF 2022
1. When the matter is called out, at the outset, Mrs.Nandini
Deshpande appearing for the Court Receiver submits that Court
Receiver's Reports No.371 of 2022 and No.189 of 2022 are wrongly on
board as the same have been disposed.
2. Remove from board as the same have been disposed.
3. Mrs.Deshpande submits that Court Receiver's Report No.84 of
2023 is a Compliance Report.
4. Mr.Vikram Sathaye, learned Counsel, appearing for the Judgment
Debtor submits that since the interest component has been calculated
and the interest has been paid in two installments, this Court Receiver's
Report may also be disposed of.
5. Accordingly, Court Receiver's Report No.84 of 2023 is also
disposed of.
14-EXA-1551-2012@CONNECTED APPLICATIONS.doc
REVIEW PETITION (L) NO. 1 OF 2020
6. As regards Review Petition (Lodging) No.1 of 2020, Mr.Sathaye,
learned Counsel, submits that the Review Petition seeks review of order
dated 14th October 2019 and that the same may be de-tagged as the
same is pending before another Bench of this Court. Mr.Sathaye
submits that Interim Application No.292 of 2020 is filed in the Review
Petition and the same also be de-tagged and be listed before the
appropriate Bench.
7. Registry to de-tag the Review Petition as well as the Interim
Application and place before appropriate Bench.
INTERIM APPLICATION (L) NO.12456 OF 2022
INTERIM APPLICATION (L) NO.15762 OF 2023
INTERIM APPLICATION (L) NO. 7232 OF 2024
8. Mr.Sathaye further submits that Interim Applications (Lodging)
No.12456 of 2022, (Lodging) No.15762 of 2023 and (Lodging)
No.7232 of 2024 have been filed by the Judgment Debtor. That, this
Court has partly heard Interim Application (Lodging) No.7232 of 2024
earlier.
9. It is observed that the Interim Applications are on lodging
number. Let objections to the Interim Applications be removed within a
14-EXA-1551-2012@CONNECTED APPLICATIONS.doc
period of two weeks and registered number be obtained, failing which,
the Interim Applications to stand dismissed without further reference to
this Court.
CHAMBER SUMMONS NO. 820 OF 2019
CHAMBER SUMMONS NO. 822 OF 2019
CHAMBER SUMMONS NO. 819 OF 2019
10. Dr.Kishan Khanna, learned Counsel, appearing for the Execution
Applicant submits that three Chambers Summonses viz. Chamber
Summonses No.819 of 2019, No.820 of 2019 and 822 of 2019 have
been taken out by the Applicant. That, Interim Application (Lodging)
No.6766 of 2023 has also been taken out by the Applicant.
11. Dr.Khanna also submits that Interim Application (Lodging) No.
No.6766 of 2023 is being heard along with Interim Application
(Lodging) No.7232 of 2024.
12. It is observed that the said Interim Applications are on lodging
number. Let objections to the said Interim Applications be removed
within a period of two weeks and registered number be obtained,
failing which, the Interim Applications to stand dismissed without
further reference to this Court.
14-EXA-1551-2012@CONNECTED APPLICATIONS.doc
13. Subject to the above, list on 11th September 2025, when this
Court will hear Interim Application (Lodging) No.7232 of 2024 and
Interim Application (Lodging) No.6766 of 2023.
(ABHAY AHUJA, J.)
