Sai Builder And Developers And ORS v. Sakla Enterprises And ORS
Arjun
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by ARJUN VITTHAL KUDHEKAR Date:
2025.12.20 19:40:05 +0530 CONTEMPT PETITION NO.16 OF 2024 IN CONTEMPT PETITION NO.14 OF 2020 ARJUN VITTHAL KUDHEKAR Sai Builder And Developers
...Petitioner
Versus
Sakla Enterprises
...Respondent
WITH INTERIM APPLICATION (L) NO.40088 OF 2025 IN CONTEMPT PETITION NO.16 OF 2024 Kiran Narayan Gawand ...Applicant
Versus
M/s. Sakla Enterprises
...Respondent
WITH COURT RECEIVER REPORT NO.535 OF 2025 IN CONTEMPT PETITION NO.16 OF 2024 IN CONTEMPT PETITION NO.14 OF 2020 M/s. Sai Builders & Developers & Ors.
...Applicants
Versus
M/s. Sakla Enterprises & Ors.
...Respondents
WITH COURT RECEIVER REPORT NO.522 OF 2025 IN CONTEMPT PETITION NO.16 OF 2024 IN CONTEMPT PETITION NO.14 OF 2020 M/s. Sai Builders & Developers & Ors.
...Applicants
Versus
M/s. Sakla Enterprises & Ors.
...Respondents
WITH SHOW CAUSE NOTICE NO.2 OF 2025 IN CONTEMPT PETITION NO.16 OF 2024 Sai Builder and Developers ...Applicant
Versus
Sakla Enterprises
...Respondent
WITH NOTICE (L) NO.26587 OF 2024 IN CONTEMPT PETITION NO.16 OF 2024 Sai Builder and Developers ...Applicant
Versus
Sakla Enterprises
...Respondent
WITH EXECUTION APPLICATION NO.2593 OF 2015 Sai Builder & Developers & Ors.
...Applicants
Versus
M/s. Sakla Enterprises & Ors.
...Respondents
WITH CHAMBER SUMMONS (L) NO.684 OF 2019 IN EXECUTION APPLICATION NO.2593 OF 2015 Sai Builder and Developers & Ors.
...Applicants
Versus
M/s. Sakla Enterprises & Ors.
...Respondents
_______________________________________________________________ Mr. Ram Ugrah Singh a/w Ankur Jain & Sanjay Yadav, for the Petitioner. Mr. Vinod Satpute a/w Vishal K. i/b Vinod Satpute & Associates, Advocates & Counsels, for the the Applicant in IA(L)/40088/2025. Mr. Murtaza Najmi a/w Dharmesh Joshi, Akshita Vakharia & Zaid Sultan, for Contemnor Nos.4 & 6 in CONP/16/2024. Mr. Ankit Dhindale, for Respondent Nos.1 & 3.
Mr. Mihir Desai, Senior Advocate i/b Abhinav Dubey, for Respondent Nos.2 & 5.
Mr. Chetan Kapadia, Senior Advocate a/w Soham Bhalerao & Harshit Tyagi i/b DSK Legal, for the CIDCO.
Mr. Nitin C. Pawar, Court Receiver, High Court, Bombay, present. Mr. Girish Prahlad Sakla, Contemnor No.6, present in-person. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.
DATED: DECEMBER 19, 2025 P.C.:
1.
Pursuant to the Order dated 3rd December 2025, Mr. Kapadia, learned Senior Counsel, on last date assured the Court that the necessary Affidavit would be filed. At his request, the matter has been kept today.
2.
Accordingly, today an Affidavit dated 18th December 2025 has been filed of Mr. Sandeep V. Nichit, Additional Collector and Chief Land and Survey Officer of the City and Industrial Development Corporation of Maharashtra Ltd., inter alia stating that Plot No. C-12, Sector-47, admeasuring 400 sq. mtrs., was allotted in favour of Smt. Maribai Rajaram Sangade. However, thereafter the said allotment was cancelled by a proposal dated 4th December 2023 and approval dated 19th December 2023.
3.
Perusal of the documents annexed to the said Affidavit filed on behalf of the CIDCO show that only the proposal was there, but there is nothing to indicate that the same has been approved and the final
decision has been taken. Thus, it is clear that the said allotment made in favour of Smt. Maribai Rajaram Sangade of Plot No. C-12, Sector-47, admeasuring 400 sq. mtrs., Kamothe, has not been cancelled. 4.
Mr. Kapadia, learned Senior Counsel for the CIDCO, on instructions, submits that the concerned officials of CIDCO will assist the Court Receiver in identifying the said Plot No. C-12, Sector 47, Kamothe, admeasuring 400 sq. mtrs..
5.
Mr. Mihir Desai, learned Senior Counsel appearing for Respondent Nos.2 and 5, on instructions, makes a statement that after identification of the said plot by the CIDCO officials, wire fencing will be done to the said plot.
6.
Mr. Kapadia, learned Senior Counsel for CIDCO, submits that although the CIDCO officials will identify the said plot and CIDCO has no objection at this stage for appointment of the Court Receiver and the Court Receiver taking physical possession of the said plot, however, before issuing further directions, CIDCO be granted leave to file further Affidavit, if necessary.
7.
Accordingly, the Court Receiver as also all concerned should to take steps to comply with the Order dated 12th November 2025 read with Order dated 26th November 2025 passed by this Court. 8.
Stand over to 21st January 2026.
9.
In view of this Order, nothing survives in Court Receiver Report No.535 of 2025 and Court Receiver Report No.522 of 2025. The same are disposed of. The costs of these Court Receiver Reports will be subject to the further orders.
[MADHAV J. JAMDAR, J.]