[Cites 1, Cited by 0]
Bombay High Court
Robin Karamchandani vs Jem And Associates And 3 Ors on 23 March, 2026
Author: Abhay Ahuja
Bench: Abhay Ahuja
34-COMEX-144-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by KANCHAN
ORDINARY ORIGINAL CIVIL JURISDICTION
KANCHAN PRASHANT
DHURI
PRASHANT Date:
DHURI 2026.03.24 IN ITS COMMERCIAL DIVISION
11:03:21
+0530
COMMERCIAL EXECUTION APPLICATION NO. 144 OF 2025
Robin Karamchandani ... Applicant
Versus
Jem and Associates and others ... Respondents
WITH
INTERIM APPLICATION (L) NO. 3282 OF 2026
INTERIM APPLICATION NO. 5934 OF 2025
INTERIM APPLICATION NO. 6556 OF 2025
IN
COMMERCIAL EXECUTION APPLICATION NO. 144 OF 2025
WITH
COURT RECEIVER'S REPORT NO. 287 OF 2021
IN
SUIT NO. 634 OF 2017
WITH
CONTEMPT PETITION NO. 30 OF 2025
IN
COURT RECEIVER'S REPORT NO. 287 OF 2021
WITH
COURT RECEIVER'S REPORT NO. 454 OF 2023
IN
SUIT NO. 634 OF 2017
WITH
CONTEMPT PETITION (L) NO. 29824 OF 2025
Kanchan Dhuri 1/4
::: Uploaded on - 24/03/2026 ::: Downloaded on - 24/03/2026 20:35:07 :::
34-COMEX-144-2025.doc
APPEAL NO. 27 OF 2025
IN
COURT RECEIVER'S REPORT NO. 454 OF 2023
WITH
CONTEMPT PETITION NO. 30 OF 2025
IN
COURT RECEIVER'S REPORT NO. 287 OF 2021
............
Mr. Shrey Fatterpekar (through VC) alongwith Mr. Kushal Harnesha
instructed by Solicis Lex, Advocate for the Original Plaintiff/Petitioner/
Applicant.
Mr. Aditya Thakkar alongwith Mr. Yuvraj Singh, Ms. Sonal Awasthi, Mr.
Manee Vishwakarma instructed by Vinod Mistry & Co., Advocate for the
Defendant in CRR-454-2023 and for the Petitioner in CONP-30-2025
and CONPL-34257-2023.
Mr. Devesh Sawant alongwith Mr. Afsar Ansari instructed by Vivek Patil
& Associates, Advocate for the Respondent No.6 in IAL-3282-2026.
Mr. Rushabh Patel instructed by Intralegal, Advocate for the Licensee.
Mr. S.S. Chopda, OSD, Court Receiver, present.
............
CORAM : ABHAY AHUJA, J.
DATE : 23 MARCH 2026
P.C. :
CONTEMPT PETITION (L) NO. 29824 OF 2025 :
1. Pursuant to the earlier orders of this Court, today when the
matter is called out, Mr. Thakkar, learned Counsel, appearing for the
Petitioner in Contempt Petition No.30 of 2025 as well as in the other
connected matters, submits that orders of this Court have not been
complied with and that this Court may direct issuance of notice under
the Contempt of Courts Act, 1971. In particular, Mr. Thakkar points out
34-COMEX-144-2025.doc
the order dated 25th February 2025, whereby the Advocate for the
Noticee/Respondent No.1 - C.S. Creamery Private Limited had
submitted that his client would pay the balance amount of
Rs.98,60,100/- in accordance with page 71 of the Court Receiver's
Report into the account of the Court Receiver within a period of two
weeks. Mr. Thakkar submits that the said amount has not been
deposited till date, which is confirmed by the learned OSD to the Court
Receiver, who is present in Court. Further, Mr. Thakkar also draws this
Court's attention to order dated 17th March 2025 where in paragraph 4,
this Court has recorded that if there is no stay to the order dated 25 th
April 2025, where the noticee had itself volunteered to deposit the
amount of Rs.98,60,100/- with the Court Receiver, the noticee is in
breach of the order of this Court.
2. Mr. Fatterpekar, learned Counsel, appearing for the Plaintiff
through video-conferencing also submits that this Court may issue
notice under the Contempt of Courts Act, 1971.
3. Mr. Patel, learned Counsel, appearing for the noticee/
Respondent No.1 - C.S. Creamery Pvt. Ltd. submits that reply has been
filed to the Contempt Petition and that this Court may consider the
same before issuing any notice.
4. Mr. Thakkar, submits that in the reply matter is sought to be
34-COMEX-144-2025.doc
argued on merits and there is no justification to the breach of the
orders.
5. Having heard the learned Counsel and having considered
their submissions, the Registry is directed to issue show cause notice to
the the Managing Director(s)/Director(s) of the C.S. Creamery Private
Limited under the Contempt of Courts Act, 1971 in Form I as provided
in the High Court Rules, to appear before this Court on the next date
through a duly appointed Advocate and to show cause as to why
maximum punishment of imprisonment and fine, in accordance with
the Contempt of Courts Act, 1971, should not be given for willful and
deliberate disobedience/breach of the orders of this Court.
6. Mr. Fatterpekar, learned Counsel, appearing for the Plaintiff
seeks some time to consider Court Receiver's Report No.77 of 2026.
7. List on 27th April 2026.
8. Registry to accept the reply.
(ABHAY AHUJA, J.)
