[Cites 2, Cited by 0]
Bombay High Court
Union Of India Represented By General ... vs Bhavesh Bhinde on 20 February, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2606 OF 2025
IN
EXECUTION APPLICATION NO. 2456 OF 2025
UNION OF INDIA REPRESENTED BY GENERAL )
MANAGER, CENTRAL RAILWAY )...APPLICANT
V/s.
BHAVESH BHINDE AND ANOTHER )...RESPONDENTS
WITH
INTERIM APPLICATION NO. 398 OF 2026
IN
EXECUTION APPLICATION NO. 2456 OF 2025
AND
INTERIM APPLICATION NO. 2607 OF 2025
IN
EXECUTION APPLICATION NO. 2494 OF 2025
UNION OF INDIA REPRESENTED BY GENERAL )
MANAGER, CENTRAL RAILWAY )...APPLICANT
V/s.
JIGNA BHINDE )...RESPONDENT
WITH
INTERIM APPLICATION NO. 404 OF 2026
IN
EXECUTION APPLICATION NO. 2494 OF 2025
AND
INTERIM APPLICATION NO. 2608 OF 2025
IN
EXECUTION APPLICATION NO. 2455 OF 2025
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UNION OF INDIA REPRESENTED BY GENERAL )
MANAGER, CENTRAL RAILWAY )...APPLICANT
V/s.
BHAVESH BHINDE )...RESPONDENT
WITH
INTERIM APPLICATION NO. 408 OF 2026
IN
EXECUTION APPLICATION NO. 2455 OF 2025
AND
INTERIM APPLICATION NO. 2609 OF 2025
IN
EXECUTION APPLICATION NO. 2495 OF 2025
UNION OF INDIA REPRESENTED BY GENERAL )
MANAGER, CENTRAL RAILWAY )...APPLICANT
V/s.
JAYABEN BHINDE )...RESPONDENT
WITH
INTERIM APPLICATION NO. 400 OF 2026
IN
EXECUTION APPLICATION NO. 2495 OF 2025
AND
INTERIM APPLICATION NO. 2611 OF 2025
IN
EXECUTION APPLICATION NO. 2457 OF 2025
UNION OF INDIA REPRESENTED BY GENERAL )
MANAGER, CENTRAL RAILWAY )...APPLICANT
V/s.
BHAVESH BHINDE )...RESPONDENT
WITH
INTERIM APPLICATION NO. 405 OF 2026
IN
EXECUTION APPLICATION NO. 2457 OF 2025
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AND
INTERIM APPLICATION NO. 2612 OF 2025
IN
EXECUTION APPLICATION NO. 2493 OF 2025
UNION OF INDIA REPRESENTED BY GENERAL )
MANAGER, CENTRAL RAILWAY )...APPLICANT
V/s.
BHAVESH BHINDE )...RESPONDENT
WITH
INTERIM APPLICATION NO. 406 OF 2026
IN
EXECUTION APPLICATION NO. 2493 OF 2025
Mr.D.P. Singh, Advocate for the Applicant.
Mr.Carl Patel a/w. Ms.Sanaea Umrigar, Advocate for the Respondents.
CORAM : ABHAY AHUJA, J.
DATE : 20th FEBRUARY 2026
P.C. :
1. In all these six Interim Applications, the Applicant / Decree
holder is seeking detention of the Judgment Debtors in execution of the
award.
2. Mr.D.P. Singh, learned Counsel, appears for the Applicant in all
the matters and submits that in the disclosures filed on behalf of the
Respondents, there is no income or asset, and therefore, these
applications have been filed for detention of the Respondents.
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3. Mr.Carl Patel, learned Counsel, appears for the Respondents /
Judgment Debtors in these matters and submits that two of the
Judgment Debtors are females and under Section 56 of the Code of
Civil Procedure, 1908 ("CPC"), a female cannot be arrested in
execution of a money decree, however submitting that, all the
individuals have filed for insolvency before the Insolvency Court
although the adjudication is yet to happen.
4. Mr.Singh submits that in respect of the males in Interim
Applications No.2606 of 2025, No.2608 of 2025 and No.2611 of 2025
and No.2612 of 2025, this Court may issue notice under Order XXI Rule
37 of the CPC and as regards the females in Interim Applications
No.2607 of 2025 and No.2609 of 2025, this Court may issue notice
under Order XXI Rule 41 of the CPC for oral examination.
5. Mr.Patel appearing for the Respondents has no objection if such
order is passed.
6. Having heard the learned Counsel and having considered the
submissions, issue notice under Order XXI Rule 37 of the CPC against
the Judgment Debtors in Interim Applications No.2606 of 2025,
No.2608 of 2025 and No.2611 of 2025 and No.2612 of 2025,
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returnable on the next date, calling upon them to appear before this
Court on the next date and show cause as to why they should not be
committed to the civil prison. As regards Interim Applications No.2607
of 2025 and No.2609 of 2025, issue notice to the Judgment Debtors
under Order XXI Rule 41 of the CPC, returnable on the next date, to
remain present in Court on the next date for oral examination along
with complete instructions as well as material including necessary
books of account and documents.
7. List on 9th April 2026.
(ABHAY AHUJA, J.)
