Admirecon Infrastructure Private Limited v. Sky Anchorage Co-Operative Housing Society Ltd.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO. 708 OF 2019 Admirecon Infrastructure Pvt. Ltd.
...Applicant V/s.
Sky Anchorage CHS Ltd.
...Respondents
WITH SUO MOTO SHOW CAUSE NOTICE NO. 1 OF 2025 WITH CHAMBER SUMMONS NO. 831 OF 2019 Mr. Hasmit Trivedi i/b Praxis Legal for the Applicant. Mr. P. Ranjan with Mr. Santosh Salekar i/b Halai and Co. for the Respondent.
Mr. Shums Merchant- Chairman, Mr. Zeeshanali Vakil-Secretory and Mr. Zahir Gheewala-Treasurer of the Respondent-Society are present.
CORAM
:
ABHAY AHUJA, J.
DATE :
14th OCTOBER, 2025 P.C. :
1.
When the matter is called out, Mr. Ranjan, learned Counsel appears for the Respondent-Society and at the outset submits that as directed by this Court, the Chairman, Secretary and Treasurer of the Respondent-Society are present in the Court. Mr. Ranjan further submits that today he has a demand draft of Rs. 4,00,000/- in the name of the Prothonotary & Senior Master and this Court may permit deposit of the same. Mr. Ranjan also submits that as on date the balance in the account of the Respondent-Society is only approximately Rs. 19,000/- and as and when the monies are received, the payments would be Nikita Gadgil 1/3
deposited with the Prothonotary & Senior Master. Mr. Ranjan also seeks some time to file response to the show cause notice which has been received by the office bearers of the Respondent-Society under the Contempt of Courts Act.
2.
Mr. Trivedi, learned Counsel appears for the Applicant and submits that on the last occasion this Court had observed that this Court will also consider depositing of interest and submits that as on date approximately Rs. 35,42,000/- which includes interest is outstanding. Mr. Trivedi has also furnished the said interest calculation to Mr. Ranjan. Mr. Trivedi submits that this Court may accordingly pass appropriate orders.
3.
Having heard the learned Counsel and having considered the submissions, the following order is passed:-
ORDER
i) Let the demand draft of Rs. 4,00,000/- be deposited with the Prothonotary & Senior Master during the course of the day. ii) Let the Respondent revert on the interest calculation furnished by the learned Counsel for the Applicant within a period of three weeks. iii) Let the response to the show cause notice be filed within a period Nikita Gadgil 2/3
of four weeks with copy to the others. Rejoinder in two weeks thereafter with copy to the others.
iv) Let the Chairman, Secretary and Treasurer of the RespondentSociety continue to remain present in the Court until further orders. 4.
List on 16th December, 2025.
5.
Mr. Trivedi, learned Counsel appearing for the Applicant submits that in stead of waiting for monies to be collectected, let the Respondent-Society keep depositing the monies with the Prothonotary & Senior Master until the entire outstanding is deposited. 6.
Mr. Ranjan, learned Counsel appearing for the RespondentSociety submits that as and when the amounts collected with Respondent-Society, exceed Rs.2,00,000/-, the Respondent-Society would deposit the said amounts with the Prothonotary & Senior Master. The statement is accepted.
7.
Let the amounts be deposited as per the statement without waiting for the matter to be listed or called out. (ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:
2025.10.14 13:10:30 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 3/3