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Bombay High CourtIA/1988/2024disposed off

Varun Godha v. Balaji Enterprises

2024-12-03Hon'Ble Shri Justice Abhay Ahuja2 pages

38-IA-493-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO.493 OF 2024 IN COMMERCIAL EXECUTION APPLICATION (L) NO.747 OF 2024 MIKAS STAINLESS STEELS PET. LTD )...APPLICANT V/s.

ASHOK MEHTA, SOLE PROPRIETOR OF M.M. METAL )...RESPONDENT WITH INTERIM APPLICATION (L) NO.27642 OF 2024 IN INTERIM APPLICATION NO.493 OF 2024 WITH INTERIM APPLICATION NO.1988 OF 2024 IN COMMERCIAL EXECUTION APPLICATION (L) NO.38190 OF 2022 WITH COMMERCIAL EXECUTION APPLICATION (L) NO.28531 OF 2023 Mr. Nirmal Sharma a/w Mr. Dhrupad Vaghani, Ms. Nandita Bajpai, Mr.Ashwath Reddy i/b Mr.Drupad Vaghani, Advocates for the Applicant in COMEX (L)/28531/2023.

Mr. P.G. Sabnis a/w Ms. Kashmira Khedekar, Advocate for Judgment Debtor in COMEX(L)/28531/2023.

Mr.Naushad Engineer, Senior Counsel a/w Mr. Sharad Bansal, Mr.Laxman Jain, Mr.Jitendra Jain, Advocate for the Applicant in IAL/27642/2024.

Ms.Bhavika Thakkar i/b SSB Legal and Advisory, Advocate for the Decree Holder in IA/493/2024 in COMEX(L)/747/2023 and in IA/27642/2024.

Mr. Mohit Advani a/w Mr. Amit Mishra, Mr. Deep Dighe i/b Dhaval Vussonji & Associates, Advocate for the Applicant in IA/1988/2024. Mr.Saurabh Oka, Advocate for the Respondent in IA/1988/2022. KSG 1/2

38-IA-493-2024.doc Mr. Aditya Thakkar, Amicus Curiae, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

3 DECEMBER 2024 P.C. :

1.

Pursuant to order dated 11th November, 2024, today when the matter is called out, Mr. Aditya Thakkar, learned Counsel has briefly addressed this Court as Amicus Curiae. Mr. Sabnis, learned Advocate for the Applicant in Commercial Execution Application (L) No.28531 of 2023, has concluded his submissions in rejoinder to this Application. 2.

For Mr.Engineer, learned Senior Counsel and for Mr.Oka, learned Counsel to commence their arguments respectively in Interim Application (L) No.27642 of 2024 and Interim Application No.1988 of 2024, list on 23rd January, 2025 at 03:30 p.m. as part heard. (ABHAY AHUJA, J.) Digitally signed by KIRAN SANJAY GHUGE Date:

2024.12.03 20:32:32 +0530 KIRAN SANJAY GHUGE KSG 2/2