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Vishwas Pandurang Shinde vs Manish Mahal Co-Op. Hsg. Soc. Ltd And 4 ...
2025 Latest Caselaw 1098 Bom

Citation : 2025 Latest Caselaw 1098 Bom
Judgement Date : 31 July, 2025

Bombay High Court

Vishwas Pandurang Shinde vs Manish Mahal Co-Op. Hsg. Soc. Ltd And 4 ... 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
                            WITH
              CHAMBER SUMMONS NO. 819 OF 2019
                            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.


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                                 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.)

 
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