Bombay High Court
Prysmian Cavi E Sistemi ... vs Vijay Karia And 76 Ors. on 2 September, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
3. IA 1973-21 in COMEX 21-21 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1973 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION NO. 21 OF 2021
Prysmian Cavi E Sistemi SRI ...Applicant
V/s.
Vijay Karia and Ors. ...Respondents
WITH
COMMERCIAL EXECUTION APPLICATION NO. 21 OF 2021
WITH
CHAMBER SUMMONS NO. 327 OF 2021
WITH
INTERIM APPLICATION NO. 1401 OF 2021
WITH
INTERIM APPLICATION (L) NO. 16939 OF 2023
WITH
INTERIM APPLICATION (L) NO. 20259 OF 2021
Mr. Zuben Behramkamdin, Senior Advocate with Mr. Tushar
Hathiramani, Ms. Sneha Jaisingh and Ms. Neeraja Barve i/b Bharucha
and Partners for the Applicant.
Mr. Yash Momaya with Ms.Teresa Daulat with Mr. Manish Patkar, Mr.
Ayush Khandelwal, Ms. Kritika Mundra nad Ms. Nishtha Maheshwari
i/b TRC Associates for the Respondents No.1, 5 to 7, 9, 58A, 61, 65 and
66.
Mr. Manthan Unadkat through VC i/b Unadkat and Co. for Respondents
No. 3,4,10 to 18, 46 to 48 and 77.
Ms.Teresa Daulat with Mr. Manish Patkar, Mr. Ayush Khandelwal, Ms.
Kritika Mundra nad Ms. Nishtha Maheshwari i/b TRC Associates for the
Respondents No. 20, 22, 23, 25, 27, 28, 31 to 34, 36 to 42, 44, 45, 50
to 57 and 64 and 73.
Mrs. Nandini Deshpande, 1st Assistant to the Court Receiver present.
CORAM : ABHAY AHUJA, J.
DATE : 2nd SEPTEMBER, 2025
3. IA 1973-21 in COMEX 21-21 @ connected matters.doc
P.C. :
1. These matters have been listed under the caption "For Direction"
today in as much as when the matter was sought to be listed for
pronouncement, it was pointed out by the learned Associate of the
Court that the Interim Application No. 1973 of 2021 seeking direction
to the Registry to issue notices along with their respective translated
copies in Arabic under the seal of this Court through Ministry of Law
and Justice, calling upon the Respondents No. 71, 72, 74 and 75 to
comply with the orders dated 27th March, 2019, 18th February, 2020
read with order dated 14th July, 2021 was pending.
2. It was also observed from the written submissions of the
Applicant dated 23rd June, 2025 in the Commercial Execution
Application and in particular from the footnote no. 4 at page 9 that the
service to the said Respondents No. 71, 72, 74 and 75 remains pending.
Obviously, therefore, without service to the four of the Respondents to
the Execution Application and without hearing those parties, this Court
cannot pronounce the order or judgment, although this Court on 5 th
May, 2025 recorded that the arguments had been concluded and order/
judgment reserved with liberty to circulate written submissions. Neither
of the learned Counsel had pointed out this Court at the time.
3. IA 1973-21 in COMEX 21-21 @ connected matters.doc
3. Mr. Behramkamdin, learned Senior Counsel requests for some
time to take instructions with respect to the Interim Application No.
1973 of 2021.
4. It is also observed from the proceedings that as regards the
Interim Application No. 1973 of 2021 is concerned, two orders have
been passed: one of 11th October, 2021, where an amendment was
sought to insert fresh prayer for appointment of special translator for
translation from English to Arabic before issuance of notices and the
other order dated 12th October, 2021, where on behalf of the Applicant
it was stated that the office of the Chief Translator, High Court, Bombay
would be approached to seek appointment of the special translator in
accordance with the Bombay High Court Rules.
5. Mr. Behramkamdin, learned Senior Counsel appearing for the
Applicant has also sought time to ascertain the progress after the said
order.
6. Mr. Yash Momaya, learned Counsel for the Respondents No.1, 5
to 7, 9, 58A, 61, 65 and 66, Mr. Manthan Unadkat, learned Counsel for
Respondents No. 3,4,10 to 18, 46 to 48 and 77 and Ms.Teresa Daulat,
3. IA 1973-21 in COMEX 21-21 @ connected matters.doc
learned Counsel for the Respondents No. 20, 22, 23, 25, 27, 28, 31 to
34, 36 to 42, 44, 45, 50 to 57 and 64 and 73 confirm that the said
Respondents No. 71, 72, 74 and 75 are yet to be served and that the
Interim Application No. 1973 of 2021 is still pending, although they
would have no objection if the said Interim Application is allowed.
7. Be that as it may, at the request of Mr. Behramkamdin, learned
Senior Counsel for the Applicant, list on 9th September, 2025.
(ABHAY AHUJA, J.)
