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Bombay High CourtIA/643/2025dismissed

Phoenix Arc Pvt Ltd v. St John Freight Systems Ltd

2026-02-24Hon'Ble Shri Justice Abhay Ahuja2 pages

36-IA-643-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2026.02.25 14:17:44 +0530 IN ITS COMMERCIAL DIVISION KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 643 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 156 OF 2025 Phoenix Arc Pvt Ltd ... Applicant

Versus

St John Freight Systems Ltd ... Respondent ............

Ms. Rahila Memon (through VC) instructed by S.I. Joshi & Co., Advocate for the Applicant.

Mrs. Naina Poojary, Master (Adm), Court Receiver's Office, present. ............

CORAM

:

ABHAY AHUJA, J.

DATE :

24 FEBRUARY 2026 P.C. :

1.

This Interim Application seeks not only discharge of the Court Receiver, but also possession of the properties handed over to the Court Receiver.

2.

Ms. Poojary, Master, appearing from the Court Receiver's Office submits that physical possession of the properties mentioned in the schedule have been taken by the Court Receiver on 2nd May 2017 and that this Court may give directions as to whom the possession has to be returned as the Court Receiver has already been discharged by Kanchan Dhuri 1/2

36-IA-643-2025.doc order dated 12th January 2026, subject to payment of costs, charges and expenses, submitting that the possession of the scheduled properties was handed over to the Court Receiver by the Respondent. 3.

Upon a query from this Court to Ms. Memon, learned Counsel for the Applicant as to whether the Respondent has been served, Ms. Memon seeks some time to serve the Interim Application upon the Respondent.

4.

Let service be effected within a period of three weeks. 5.

Let reply if any to the said Application be filed within a period of two weeks thereafter, with copy to the other side. Rejoinder be filed, within a period of one week thereafter, with copy to the other side.

6.

List on 15th April 2026.

7.

It is made clear that if no reply is filed despite service, this Court will proceed to pass appropriate orders in the matter. (ABHAY AHUJA, J.) Kanchan Dhuri 2/2