Sangam Ananya Developers Pvt Ltd vs Malpani Construction Co Pvt Ltd
2025 Latest Caselaw 5260 Bom

Bombay High Court

Sangam Ananya Developers Pvt Ltd vs Malpani Construction Co Pvt Ltd on 3 September, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                         34-IA-1446-2025.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
           KANCHAN
KANCHAN    PRASHANT
PRASHANT
DHURI
           DHURI
           Date:
                                                       IN ITS COMMERCIAL DIVISION
           2025.09.03
           19:27:26
           +0530
                                             INTERIM APPLICATION NO. 1446 OF 2025
                                                                   IN
                                  COMMERCIAL EXECUTION APPLICATION NO. 49 OF 2024
                         Sangam Ananya Developers Pvt Ltd                                  ... Applicant
                                  Versus
                         Malpani Construction Co Pvt Ltd                                   ... Respondent
                                                                 WITH
                                              INTERIM APPLICATION NO. 839 OF 2025
                                             INTERIM APPLICATION NO. 1468 OF 2025
                                             INTERIM APPLICATION NO. 1469 OF 2025
                                                                   IN
                                  COMMERCIAL EXECUTION APPLICATION NO. 49 OF 2024
                                                        ............
                         Mr. Sharan Jagtiani, Senior Advocate alongwith Mr. Rohil Bandekar, Mr.
                         Sheetal Shah and Mr. Swayam Jain instructed by M/s. Mehta &
                         Girdharlal, Advocate for the Applicant.
                         Mr. S.J. Mishra alongwith Ms. Pushpa Tiwari instructed by SRS Legal,
                         Advocate for the Respondent in IA-1458-2025, IA-1468-2025, IA-1469-
                         2025, IA-1444-2025.
                         Mr. Aliabbas Delliwala alongwith Ms. Usha Singh instructed by Vyas &
                         Bhaiwal, Advocate for the Respondent in IA-1446-2025.
                                                        ............

                                                                CORAM     :       ABHAY AHUJA, J.

                                                                DATE      :       3 SEPTEMBER 2025
                         P.C. :

1. When the matter is called out, Mr. Delliwala, learned Counsel,

appears for the Respondent/Judgment Debtor and submits that by

34-IA-1446-2025.doc

order dated 24th August 2025, the Bench taking up the matters under

Section 34 of the Arbitration and Conciliation Act, 1996 has granted a

conditional stay in terms of the said order and that the period to

deposit the amount is yet to expire. That therefore this Court may

suitably adjourn the matter.

2. Mr. Delliwala however submits that in compliance to the

order dated 22nd July 2025, disclosure affidavit has already been filed

and served.

3. Mr. Jagtiani, learned Senior Counsel, appearing for the

Applicant denies the submissions.

4. Mr. Jagtiani submits that although the disclosure affidavit has

been filed, however the said affidavit only makes disclosure of assets of

the Respondent No.1-Firm and not of the assets of the Respondents

No.2 to 5 which was directed by order dated 22nd July 2025.

5. Let the said order be complied with in toto, within a period of

two weeks.

6. List on 8th October 2025.

(ABHAY AHUJA, J.)