Bombay High Court
Popley Buildcon Private Limited vs Samarth Erectors And Developers on 8 September, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
45-IA-2350-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY AND ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 2350 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 8474 OF 2025
POPLEY BUILDCON PRIVATE LIMITED )...APPLICANT
IN THE MATTER BETWEEN
POPLEY BUILDCON PRIVATE LIMITED )...APPLICANT
V/s.
SAMARTH ERECTORS AND DEVELOPERS AND )
OTHERS )...RESPONDENTS
Mr.Piyush Raheja a/w. Mr.Abhishek Adke, Advocate for the Applicant/
Decree Holder.
Mr.Milan Desai a/w. Mr.A.A.Shaikh, Advocate for the Respondents.
CORAM : ABHAY AHUJA, J.
DATE : 8th SEPTEMBER 2025
P.C. :
1. When the matter is called out, Mr.Raheja, learned Counsel,
appears for the Decree holder and submits that despite four Consent
Terms, there is an outstanding of Rs.66,00,00,000/- as on date, and
that, this Court not only grant disclosures in terms of prayer clauses (d)
and (e) but also an injunction in terms of prayer clause (g).
45-IA-2350-2025.doc
2. Mr.Milan Desai, learned Counsel, appearing for the Judgment
Debtors submits that while he has no objection if the prayer clauses
seeking disclosures are granted, however, this Court may, for the time
being, postpone the grant of restraint, as that would bring a complete
standstill to the business of the Judgment Debtors.
3. Mr.Raheja vehemently objects to the same submitting that it is
only after injunctive orders that the said Respondents made payments
and draws this Court's attention to the order dated 29 th January 2020
in support.
4. Having heard the learned Counsel and having considered the
submissions, this Court is of the view that not only disclosures be
granted but the Judgment Debtors no.1 to 4 and 6 also be restrained in
any manner whatsoever in dealing with their assets.
5. Accordingly, disclosure in terms of prayer clauses (d) and (e) be
made which read thus :
"(d) to pass an order under directing the Judgment Debtor
Nos.1 to 4 and 6 to disclose on affidavit within such time as
this Hon'ble Court may deem fit complete and proper
particulars of all assets and properties (immovable, movable,
tangible and/or intangible);
45-IA-2350-2025.doc
(e) to pass an order directing the Judgment Debtor Nos.1 to
4 and 6 to disclose on affidavit within such time as this
Hon'ble Court may deem fit and proper, the particulars of all
debts and/or amounts due and payable by any third parties to
Judgment Debtor Nos.1 to 4 and 6 (whether recoverable in
present or in future) along with all details and particulars in
respect thereof including the nature of debt, amount, names
and addresses of debtors, date of accrual of debt, any decree /
award / executable order in favour of Judgment Debtor Nos.1
to 4 and 6 and all documents and papers in relation to and
particularizing such debts;"
6. Let affidavit of disclosure on oath in terms of Prayer clauses (d)
and (e) be filed by the Respondents within a period of four weeks.
7. List on 17th November 2025.
8. Until the next date, the Judgment Debtors no.1 to 4 and 6 not to
in any manner, whatsoever, deal with or dispose of any of their
assets/properties, movable or immovable, tangible or intangible.
(ABHAY AHUJA, J.)
ARTI
VILAS
KHATATE
Digitally
signed by
ARTI VILAS
KHATATE
Date:
2025.09.08
21:01:26
+0530
