[Cites 2, Cited by 0]
Bombay High Court
Antara Housing Llp vs Primeland Constructions on 10 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
903. IA 2579-25 in COMEX 124-25 @ connected matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2579 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO. 124 OF 2025
Antara Housing LLP ...Applicant
V/s.
Primeland Constructions ...Respondent
WITH
COURT RECEIVER'S REPORT NO. 4 OF 2025
IN
CONTEMPT PETITION (L) NO. 21680 OF 2021
WITH
COMMERCIAL EXECUTION APPLICATION (L) NO. 2159 OF 2026
WITH
CHAMBER SUMMONS NO. 3 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION NO. 1729 OF 2018
WITH
INTERIM APPLICATION NO. 3038 OF 2024
IN
COMMERCIAL EXECUTION APPLICATION NO. 1729 OF 2018
WITH
CONTEMPT PETITION NO. 12 OF 2025
IN
INTERIM APPLICATION NO. 3038 OF 2024
WITH
CONTEMPT PETITION NO. 11 OF 2025
IN
INTERIM APPLICATION NO. 3038 OF 2024
WITH
INTERIM APPLICATION NO. 4848 OF 2025
WITH
CHAMBER SUMMONS NO. 79 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 1729 OF 2018
WITH
CONTEMPT PETITION (L) NO. 21680 OF 2021
Nikita Gadgil 1/7
::: Uploaded on - 10/03/2026 ::: Downloaded on - 10/03/2026 21:21:18 :::
903. IA 2579-25 in COMEX 124-25 @ connected matters.doc
IN
INTERIM APPLICATION NO. 467 OF 2021
WITH
CONTEMPT PETITION NO. 42 OF 2024
IN
INTERIM APPLICATION NO. 467 OF 2021
WITH
INTERIM APPLICATION (L) NO. 31126 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO. 124 OF 2025
WITH
SHOW CAUSE NOTICE NO. 3 OF 2025
IN
CONTEMPT PETITION NO. 12 OF 2025
WITH
INTERIM APPLICATION NO. 1264 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO. 1729 OF 2018
Mr. Sharan Jagtiani, Senior Advocate with Mr. Muttahar Khan and Mr.
Prashant Choudhary i/b Bellator Legal Services LLP for the Applicant in
IA 2579/25 and with Anosh Sequeira, Mr. Siddharth Joshi and Ms.
Sakina Electriqala i/b Avyan Legal for the Execution Applicant in
COMEX 1729/18.
Mr. Zal Andhyarujina, Senior Advocate with Mr. Kunal Mehta, Ms.
Akanksha Agrawal, Mr. Arun Unnikrishnan and Ms. Urvi Gulechha i/b
Jadeja & Satiya for the Respondents No. 1 to 3.
Mr. Devansh Shah with Mr. Shrey Shah i/b Hudda & Associates for the
Respondents No. 6 to 22 in IAL 31126/25.
Ms. Shilpa Kapil with Mr. Chidanand Kapil, Mr. Ravi Kotian, Ms.
Aishwarya Mall, Mr. Darshit Jain and Mr. Vishwabharati devkhile for
the Respondent / Judgment Debtor in COMEXL 2159/26.
Mr. Mukesh Vashi with Ms. Monica Jagtap, Ms. Milli Murkudkar and
Ms. Aditya Tawde i/b Mr. Ameet Mehta for Solicis Lex for the
Respondent No.4 in IA 31126/25 and IA 2579/25 and for the Applicant
in COMEXL 2159/26
Mr. Swayam C. Chopda, OSD to the Court Receiver present.
CORAM : ABHAY AHUJA, J.
DATE : 10th MARCH, 2026
903. IA 2579-25 in COMEX 124-25 @ connected matters.doc
P.C. :
1. Pursuant to the order dated 23rd February, 2026, today when the
matter is called out, Mr. Andhyarujina, learned Senior Counsel appears
for the Judgment Debtors and submits that an additional affidavit of
disclosure dated 9th March, 2026 has already been served and that this
Court may direct the Registry to accept the same. Registry to accept the
same.
2. Mr. Jagtiani, learned Senior Counsel appears for the Applicant-
Decree Holder and submits that additional affidavit of disclosure has
been received early this morning at 12.45 am and that some time
would be needed to consider the same and take instructions. Mr.
Jagtiani, learned Senior Counsel while tendering across the bar
agreement for sale dated 2 nd February, 2026 by the firm in which at
least one of the Judgment Debtors is a partner and who has also signed
the agreement for sale with respect to the Daivi Eterneety Project
against which there is already an injunction granted by this Court,
submits that this is yet another instance of breach of the orders of this
Court inviting action under the Contempt of Courts Act, 1971 and the
provisions of the Code of Civil Procedure, 1908.
903. IA 2579-25 in COMEX 124-25 @ connected matters.doc
3. A cursory glance of the said agreement indicates that the
agreement is dated 2nd February, 2026 and is between M/s Yash
Developments and the Building Technologies India Pvt. Ltd. and Mrs.
Dipti Alkesh Patel, Mr. Chimanbhai Khusalbhai Patel and Mr. Alkesh
Chimanbhai Patel, which is in respect of Flat No.206 in the building
known as Daivi Eterneety. The said agreement has been signed on
behalf of M/s Yash Developments through its partner Mr. Ketan T. Shah,
who is the Judgment Debtor No. 2 in these proceedings.
4. Mr. Andhyarujina, learned Senior Counsel appearing for the said
Judgment Debtor, upon instructions, submits that in fact in respect of
this agreement, disclosure affidavit along with an apology has already
been prepared and that the same would be served upon Mr. Jagtiani's
client and would also be filed.
5. Accordingly, until the said apology and disclosure are considered
by Mr. Jagtiani and his client, this Court does not deem at appropriate
to make any comment as yet, although it is clear that by order dated
10th March, 2025, there is an injunction by this Court that the
Respondents No. 2 and 3 not to in any manner deal with the unsold
area in respect of the Daivi Eterneety and the Gateway project.
6. Let instructions be taken by the next date.
903. IA 2579-25 in COMEX 124-25 @ connected matters.doc
7. It is clarified that the injunction, interim order granted in the
earlier order to continue until further orders.
8. That the Respondents No. 2 and 3 to continue to remain present
in the Court on the next date as well.
9. The Judgment Creditor-Applicant is at liberty to file response to
the additional affidavit as well as to the apology affidavit or any other
affidavit that has been filed on behalf of the Judgment Debtors with a
copy to the other side.
Interim Application (L) No. 31126 of 2025
10. As regards the Interim Application (L) No. 31126 of 2025, Mr.
Shah, learned Counsel appears for the Respondents No. 6 to 22 and
seeks a direction by this Court to the Registry to accept the reply.
11. Registry to accept the reply. Rejoinder(s) be filed to the same by
the next date with copy to the other side.
Interim Application (L) No. 8041 of 2026
12. Mr. Vashi, learned Senior Counsel appears for the Applicant-
Decree Holder and submits that in view of the conduct of the Judgment
Debtors, his client, pending the amendments of the Commercial
Execution Application (L) No. 2159 of 2026 to include the properties as
903. IA 2579-25 in COMEX 124-25 @ connected matters.doc
set out in the schedule, apprehends that the Judgment Debtors who
are 50 % partners would create third party rights and that this Court
for now injunct the Respondents from doing so.
13. Ms. Kapil, learned Counsel appears for the Respondents and
submits that by order dated 17th July, 2025 in Contempt Petition No. 12
of 2025 in Interim Application No. 3038 of 2024, this court in
paragraph 12 has already not only injuncted the Respondents herein
who are the Respondents No. 1 and 3 therein until further orders from
in any manner whatsoever dealing with or disposing of any assets,
movable or immovable, tangible or intangible but also any company or
partnership firm or entities in which they are holding shares, which
also covers the properties referred to in the present Interim Application
and that, therefore, no separate order would be necessary. The
submission is accepted.
14. Ms. Kapil also seeks some time to file reply to the said Interim
Application.
15. In view of the aforesaid submission no order is being passed in
respect of the injunction sought for by Mr. Vashi, learned Senior
Counsel.
16. Let reply be filed within a period of three weeks with copy to the
903. IA 2579-25 in COMEX 124-25 @ connected matters.doc
others. Rejoinder in two weeks thereafter with copy to the others.
17. As regards the Commercial Execution Application 1729 of 2018
and the connected Interim Applications, Mr. Jagtiani, learned Senior
Counsel submits that they are in the process of making an appropriate
application to the Hon'ble The Chief Justice on the administrative side
for tagging the said Applications along with the other matters before
this Bench, since the Judgment Debtors are the same.
18. Registry to accept the affidavit of disclosures dated 9 th March,
2026 and affidavit on behalf of the Respondents No. 2 and 3.
19. List on 23rd April, 2026.
Digitally
signed by
(ABHAY AHUJA, J.)
NIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
2026.03.10
19:33:06
+0530
