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Bombay High Court
Adinath Co-Operative Housing Society ... vs Aditya Developers And 2 Ors. on 7 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
2026:BHC-OS:5910
901. IA 166-22 in COMEX 45-25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 166 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 45 OF 2025
Adinath Co-operative Housing Society Ltd. ...Applicant
V/s.
Aditya Developers and Ors. ...Respondents
Mr. Kapil Shah i/b MK Juris Associates, for the Applicant/Decree
Holder.
Mr. Rajesh Sahani i/b Mr. Deumani Shukla for the Respondents No. 2
and 3.
Mr. Himesh Desai, Respondent No.2 and Mr. Nishit Shah, Respondent
No.3 present in the Court.
CORAM : ABHAY AHUJA, J.
DATE : 7th MARCH, 2026
P.C. :
1. Pursuant to earlier order dated 17th January, 2026, today the
matter has been listed for further oral examination of the Respondents
No. 2 and 3.
2. Mr. Shah, learned Counsel appears for the Applicant and submits
that the Respondent No. 2 be directed to step into the box.
3. Accordingly, the Respondent No. 2 viz. Mr. Himesh H. Desai, who
is present in the Court for oral examination, is directed to step into the
box and is administered oath by the learned Court Associate.
901. IA 166-22 in COMEX 45-25.doc
Name : Mr. Himesh H. Desai
Age : 59 years
Address : B/1505, Raj Sun Flower Royal Complex,
Eksar Road, Borivali (W), Mumbai.
Contact No. : 9820794816.
Further oral Examination of the Respondent No.2, Mr Himesh H. Desai,
on SA.
Q.8. You have not declared any of your properties in your affidavit of
disclosure?
Ans. Yes. I do not have any property.
Q.10. You have not disclosed in your affidavit of disclosure any cash in
hand?
Ans. I do not have any cash in hand.
Q.11. There are cash deposit entries in your bank account from the
year 2022 to 2024. You have deposited or someone else has deposited?
Ans. I had deposited. (Witness volunteers). It is only a nominal
amount.
Q.12. From the year 2022 to 2024 you have paid three cheques to your
broker viz. Arihant Capital. You have not disclosed this in your affidavit
of disclosure?
Ans. (Witness seeks to see the said statement before answering). Yes.
There is an entry with a very nominal amount of Rs. 12,000/- to
901. IA 166-22 in COMEX 45-25.doc
13,000/- and one entry is of Rs. 1,35,000/-.
Q.13. You have not disclosed that you are a director in any other
company?
Ans : I am a director in one company but there is no project.
Q.14. You have not produced anything of that company before this
Court?
Ans: There is no transaction that is why I have not disclosed.
4. Mr. Shah submits that the oral examination of the Respondent
No. 2 is thus far complete.
5. The Respondent No. 2 is discharged for now.
6. Mr. Shah now submits that the oral examination of the
Respondent No. 3 be continued.
7. The Respondent No. 3 is directed to step into the box and is
administered oath by the learned Court Associate.
Name : Mr. Nishit Himatlal Shah
Age : 70 years
Address : A/1001, Oberoi Woods, Mohan Gokhale Road,
Goregaon (E), Mumbai.
Contact No. : 9821018941
901. IA 166-22 in COMEX 45-25.doc
Further oral examination of the Respondent No. 3, Mr. Nishit Shah, on
SA on behalf of the Respondent No.1-Firm and for himself.
Q.7. Would it be true to say that you have disclosed only two years'
statement of Demat in your disclosure affidavit?
Ans: It is true.
Q.8. You are receiving dividends from TCS. The TCS's shares are not
reflected in the demat statement disclosed. Do you have any other
demat account?
Ans: I do not have any other demat account.
Q.9. You were suppose to disclose the details of the locker in your
affidavit of disclosure, you have not disclosed the details of your
locker?
Ans: I am not holding any locker.
Q.10. There are locker charges deducted in the bank statement.
And : Locker is in my wife's name. It does not belong to me.
(Mr. Shah seeks to refer to an earlier question number 4 that was asked
on 3rd November, 2025 viz. Have you disclosed immovable and movable
properties in your affidavit, including your jewelry and cars?, where the
Respondent No. 3 has stated in answer that he has disclosed everything
and it is also shown in the balance sheet.)
901. IA 166-22 in COMEX 45-25.doc
Q. 11. You have not produced the balance sheet in the disclosure?
Ans I am not aware. I can produce anytime.
(Mr. Shah seeks to refer to an earlier question number 5 that was asked
on 3rd November, 2025 viz. Have you disclosed in how many companies
you are a director / share holder or partner to which the Respondent
No. 3 has answered that only in one company which is Aditya
Developers which is a partnership firm.)
Q.12. Would you like to disclose before this Court in how many
companies you are a director?
Ans: Only in one company viz. Aditya Civil Con. Developers Pvt. Ltd.
Q. 13. As per the MCA data you are a director in four different
companies?
Ans: I am not aware. I will check.(Witness volunteers) I do not get any
remuneration.
Q. 14. Would it be possible for you to produce the IT returns and the
balance sheet of Aditya Civil Con. Developers Pvt. Ltd. for the last five
years?
Ans: Yes. I will produce it in two weeks.
Q.15. Would it be possible for you to produce the IT returns and
balance sheets of the other three companies viz. Rishikesh Gruh
Nirman Private Limited, Unique Satellite Vision Private Limited and
901. IA 166-22 in COMEX 45-25.doc
New Unique E-service Private Limited for the last five years?
Ans: I will check and revert.
Q.16. You have received more than Rs. 1 cr from Aditya Civil Con.
Developers Pvt. Ltd. from 2021 to 2024 as per the bank statement.
Ans: It is not true.
Q.17. You have not disclosed the cash in hand in your disclosure
affidavit?
Ans: I do not have any cash in hand. (witness volunteers) there may be
some nominal amounts. May be.
Q.18. From the period 2021 to 2024 there are Rs. 10 lacs deposited by
way of cash deposits in your bank account. Are the deposits done by
you or someone else?
Ans: It was deposited by my wife as the account is the joint account of
my wife and me.
Q.19. You have deposited Rs. 60 lacs in the Bombay High Court in the
Anticipatory Bail Application. Is it true?
Ans: The FIR was in the name of the Company and therefore, the
amount has been deposited on behalf of the Company after borrowing
from somewhere.
Q.20. Would you be able to give the names of the persons from whom
you have borrowed this amount?
901. IA 166-22 in COMEX 45-25.doc
Ans: Yes. I will give details in two weeks.
Q.21. How many ongoing projects are in the name of the firm?
Ans: Not a single one.
Q.22. How many projects have been disposed of in the name of the
firm in the last five years viz. 2021 to 2026?
Ans. I will have to check.
8. Mr. Shah submits that he has no more questions to ask today and
further questions will depend on the information furnished by the
Respondents.
9. Witness is discharged for now.
10. List on 18th April, 2026 at 4.30 p.m.
(ABHAY AHUJA, J.)
Digitally
signed by
NIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
2026.03.07
20:17:08
+0530
