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Gujarat High Court
M/S Crave International vs M/S Multiton Polypack Private Limited on 29 April, 2026
NEUTRAL CITATION
C/SCA/6103/2026 ORDER DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 6103 of 2026
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M/S CRAVE INTERNATIONAL & ANR.
Versus
M/S MULTITON POLYPACK PRIVATE LIMITED
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Appearance:
MR DEVANG VYAS LD SENIOR ADVOCATE with
MR JASH S THAKKAR(11271) for the Petitioner(s) No. 1,2
MR MAULIK G NANAVATI ADVOCATE for
JURIS LEGAL PRACTITIONERS(17818) for the Respondent(s) No. 1
MR HARSHAD O JOSHI(11428) for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE DEVAN M. DESAI
Date : 29/04/2026
ORAL ORDER
1. The present petition is filed by the petitioners challenging
the impugned order passed by the learned 3 rd Additional
District Judge, Bhavnagar dated 27.03.2026 in Regular
Execution No. 1 of 2025 praying for following reliefs:-
"A. This Hon'ble Court may be pleased to admit and
allow the present petition.
B. This Hon'ble Court be pleased issue a Writ of
Certiorari or any other appropriate writ, order or
direction in the nature of Certiorari, quashing and
setting aside the impugned order dated 27.03.2026
passed by the Ld. 3rd Addl. District Judge, Bhavnagar,
in Regular Execution Case No. 1 of 2025 (Annexure A);
C. Pending the admission, hearing, and final disposal of
this petition, be pleased to stay the operation,
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C/SCA/6103/2026 ORDER DATED: 29/04/2026
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implementation, and execution of the impugned order
dated 27.03.2026 passed by the Ld. 3rd Addl. District
Judge, Bhavnagar, in Regular Execution Case No. 1 of
2025 (Annexure A);
D. This Hon'ble Court pleased to grant ex-parte ad-
interim relief in terms of prayer (C) above;
E. This Hon'ble Court pleased to pass such other and
further orders as may be deemed fit by this Hon'ble
Court in the interest of justice;"
2. Heard learned Senior Advocate Mr. Devang Vyas assisted
by learned advocate Mr. Jash Thakkar for the petitioners and
learned advocate Mr. Maulik G Nanavati on behalf of Juris
Legal Practitioners for the respondent.
3. It is submitted by the learned Senior Advocate for the
petitioners that the respondent herein filed Special Execution
Petition No.3 of 2023 before the learned Principle Senior Civil
Judge at Bhavnagar. Upon objections being raised, vide order
dated 06.08.2025, the Execution Petition was returned to the
applicant for presenting before the appropriate Court.
Thereafter, the learned Principal District Judge, vide order
dated 03.09.2025, transferred the Execution Petition before the
NEUTRAL CITATION
C/SCA/6103/2026 ORDER DATED: 29/04/2026
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learned 3rd Additional District Court (Commercial Court),
Bhavnagar. A request for adjournment was rejected by the
learned Executing Court on 27.03.2026 and passed an order of
attachment of properties. It is submitted that without giving
any opportunity of being heard, the impugned order came to
be passed.
3.1. It is further submitted that the petitioners be given an
opportunity to represent their submissions by way of objections
before the learned Executing Court. It is further pointed out by
the learned Senior Advocate for the petitioners that the order
dated 27.03.2026 be quashed and set aside and the petitioners
be permitted to contest the Execution Application. Except
above, no other submissions were made by learned Senior
Advocate for the petitioners.
4. Per contra, learned advocate Mr. Maulik G Nanavati for
the respondent submitted that upon transferring the Execution
Petition before the learned 3rd Additional District Court
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(Commercial Court), the process of execution served upon the
petitioners on 19.12.2025 and thereafter as many as six
adjournments were sought for by the petitioners for filing
objections. Thereafter, when on 27.03.2026, an application for
adjournment was submitted by the learned advocate for the
petitioners. Learned Executing Court, after observing the
conduct of the learned advocate for the petitioners, rejected
the application. It is submitted that after passing of the order
dated 27.03.2026, till today, the petitioners have not filed any
objections against the execution. Therefore, no interference is
required by this Court. Except above, no other submissions
were made by learned advocate for the respondent.
5. Having considered the submissions and on perusal of the
papers placed on record, it appears that originally the
execution petition was filed by the present respondent before
the learned Principal Senior Civil Judge, Bhavnagar being
Execution Petition No. 3 of 2023. The objections were raised
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by the petitioners herein regarding territorial jurisdiction of the
learned Executing Court and the learned Executing Court vide
order dated 06.08.2025 returned the execution petition to the
petitioners to be presented before the appropriate forum.
Thereafter, the Execution Petition was filed before the learned
District Court, Bhavnagar, and, thereafter, the learned Principal
District Judge, vide order dated 03.09.2025 transferred the
execution petition before the learned 3 rd Additional District
Court (Commercial Court) Bhavnagar. It also appears from the
case details that after service of notice of execution, the
present petitioners have sought for number of adjournments for
filing the reply. When an application dated 27.03.2026 seeking
adjournment was filed, the learned Executing Court rejected
the application and issued an attachment warrant. There is no
debate on the fact on an application for adjournment, the
learned Executing Court issued attachment warrant against
opponents. Petitioners were not heard before issuance of
attachment warrant.
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6. Considering the facts and circumstances appear on record,
I am of the view that the petitioners are required to be
granted a last chance to raise objections against the execution
and the learned Executing Court shall decide objections that
may be submitted after an opportunity of being heard given to
both the sides. However, it appears that the judgment and
decree is of year 2022, hence execution proceedings expected
to be decided within the stipulated time. In view of this, the
petitioners herein are directed to submit objections, if any,
before the learned Executing Court within a period of seven
days from today and the learned Executing Court after giving
an opportunity of being heard to both the sides shall decide
the controversy within a period of 15 days from the date of
presenting objections by petitioners.
7. Resultantly, the order dated 27.03.2026 passed by the
learned 3rd Additional District Judge, Bhavnagar, in Regular
Execution No. 1 of 2025 regarding issuance of attachment
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warrant is hereby quashed and set aside. The learned
Executing Court shall decide the objections on merits and
thereafter shall pass appropriate order in accordance with law.
The present petition is allowed accordingly.
8. It is needless to observe that this Court has not gone into
the merits of the case. The petitioners as well as learned
advocate for the petitioners shall give full co-operation to the
learned Executing Court in getting the objections decided
within the stipulated time without asking for unnecessary
adjournments. Contentions of both the parties are left open.
(D. M. DESAI,J)
SHIVANI SHUKLA
