Bombay High Court
Ghisibai S Parmar And 2 Others vs Yash Builders And Anr. on 24 September, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
6. IA 1977-24 in EXA 1619-25 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1977 OF 2024
IN
EXECUTION APPLICATION NO. 1619 OF 2025
Shailenda Mohan Kamath and Anr ...Applicants
V/s.
Yash Builders and Ors. ...Respondents
WITH
EXECUTION APPLICATION NO. 1741 OF 2022
WITH
INTERIM APPLICATION NO. 2491 OF 2025
IN
EXECUTION APPLICATION NO. 1741 OF 2022
WITH
CONTEMPT PETITION NO. 19 OF 2020
IN
ARBITRATION PETITION NO. 27 OF 2019
WITH
INTERIM APPLICATION (L) NO. 29021 OF 2025
IN
CONTEMPT PETITION NO. 19 OF 2020
WITH
EXECUTION APPLICATION NO. 1619 OF 2025
WITH
NOTICE NO. 118 OF 2025
IN
EXECUTION APPLICATION NO. 1619 OF 2025
WITH
INTERIM APPLICATION NO. 5106 OF 2025
IN
EXECUTION APPLICATION NO. 1619 OF 2025
Mr. Malcom Siganporia with Mr. Sandeep Dhangar i/b Jayesh Vyas for
the Applicant in IA 2491/25.
Mr. Mehul Rathod with Ms. Darshana Vora for the Applicant in EXA
1619/25. IA 5106/25 and IA 1977/24.
Mr. Ajay Bhise with Ms. Deepali Kedar and Mr. Tejas Vijaykumar Dhotre
Nikita Gadgil 1/5
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6. IA 1977-24 in EXA 1619-25 @ connected matters.doc
for Yash Builders and Mr. Paras Dedhia, Judgment Debtor.
Mr. Paras Dedhia present in person.
Ms. Rithika Yerra with Ms. Hema Desai i/b Ms. Shivani Shah for the
Respondents No. 8 and 9.
Mr. G. O. Giri i/b Ms. Komal Punjabi for the BMC.
Mr. Nasir Khan, Asst. Assessor & Collector i/v M East Ward present.
CORAM : ABHAY AHUJA, J.
DATE : 24th SEPTEMBER, 2025
P.C. :
Interim Application No. 2491 of 2025
1. When the matter is called out, Mr. Giri, learned Counsel appears
for the Municipal Corporation and tenders across the bar a statement of
property taxes payable in respect of the property in question. Mr. Giri
submits that the property tax outstanding with penalty as on 12 th
September, 2025 is Rs. 28,54,816/-. Mr. Giri further submits that the
future bill for the period 1 st April, 2025 to 31st March, 2026 for Rs.
49,38,277/- has also been furnished, although as on 12th September,
2025 Rs, 28,54,816/- is outstanding.
2. Mr. Bhise, learned Counsel appearing for the Judgment Debtor
seeks to tender across the bar a limited affidavit in reply in compliance
with the order dated 5th August, 2025, where it is stated by Mr. Paras
Dedhia that he is ready and willing to make payments towards the
property taxes.
6. IA 1977-24 in EXA 1619-25 @ connected matters.doc
3. Let Mr. Dedhia consider the outstanding amount of property
taxes of Rs. 28,54,816/- and let this Court know within a period of two
weeks with copy to the others, under an affidavit as to when the
property taxes would be paid stating the timeline for the payment of
the said property taxes. Since the bill for the period 1 st April, 2025 to
31st March, 2026 is not yet due the same will be considered later on.
4. Mr. Bhise points out that the Respondent No. 3 has passed away.
Let appropriate steps be taken in this regard.
5. This Court is informed that Mr. Paras Dedhia is present in the
Court. Let him remain present in the Court on the next date as well.
Interim Application No. 1977 of 2024
6. Is is observed that the Respondents No.8 and 9 have filed reply.
7. Let the other Respondents including the Judgment Debtor file
reply to the Interim Application within a period of two weeks with copy
to the others. Rejoinder in two weeks thereafter with copy to the
others.
6. IA 1977-24 in EXA 1619-25 @ connected matters.doc
8. Mr. Rathod submits that since it has been recorded in the order
dated 5th August, 2025, based on the affidavit filed on behalf of the IIFL
Home Finance Limited, that the original title deed with respect to the
Flat No. 2703 had been handed over / released to Mrs. Kashmira
Dedhia, wife of Mr. Paras Dedhia, the Judgment Debtor, in order to
preserve the said security from being alienated, this Court may direct
the Judgment Debtor / his wife to deposit the title deed with the
Prothonotary & Senior Master of this Court.
9. Mr. Bhise submits, on instructions, that the said Flat No. 2703
has already been sold and it would, therefore, not be possible to
deposit the title deeds.
10. Let appropriate instructions be taken by the Applicant on this
development. List on 3rd November, 2025.
11. Let Mr. Paras Dedhia also remain present in the Court on the next
date.
Interim Application (L) 29021 of 2025
12. None appears for the Applicant in this Interim Application.
6. IA 1977-24 in EXA 1619-25 @ connected matters.doc
13. Learned Counsel appearing for the Respondents submit that this
Interim Application has not been served upon them.
14. It is observed that the Interim Application is on lodging number.
Let objections be removed and registered number be obtained within a
period of three weeks, failing which, the Interim Application to stand
dismissed without further reference to the Court.
15. Subject to the above, list on 3rd November, 2025.
(ABHAY AHUJA, J.)
