N.D. Tuscan Realtors Llp v. Chandiwala Enterprises

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4841 OF 2025 IN EXECUTION APPLICATION NO.2762 OF 2024 WITH INTERIM APPLICATION NO.2401 OF 2025 IN EXECUTION APPLICATION NO.2762 OF 2024 Chandiwala Enterprises ... Applicant V/s.

Ajay Kumar Garg ... Respondent ---------- Mr. Karan Bhosale a/w Mr. Yashwant Singh, Ms. Shivangi Bhatawadekar, Mr. Harsh Sawant i/b NDB Law for Applicant in Interim Application No.4841 of 2025.

Mr. Subhash Jha a/w Mr. Angel Carneiro, Mr. Sumeet Upadhyay, Mr. Chetan Gogawale, Mr. Meet Golwala i/b Mulla & Mulla & Craigie Blunt & Caroe for the Applicant in Interim Application No.2401 of 2025 ---------- CORAM : ABHAY AHUJA, J.

DATE : 25 SEPTEMBER 2025 P.C. :

Interim Application No.2401 of 2025 1.

At the outset, Mr. Karan Bhosale, learned Counsel for the Respondent in this Application submits that the Interim Application has become infructuous and be disposed as such.

Rajesh Chittewan, PS 1/3

2.

Mr. Subhash Jha learned Counsel appearing for the Applicant in the Interim Application submits that this Interim Application be kept pending till the next date.

Interim Application No.4841 of 2025 3.

Mr. Karan Bhosale, learned Counsel appearing for the Applicant submits that this Interim Application has been taken out to direct the Respondent to make disclosures.

4.

However, Mr. Subhash Jha, learned Counsel appearing for the Respondent submits that there is an Application that has been filed in the disposed of Suit seeking to set aside/suspend the decree. The said Application is not board. Today, there is also no stay to the execution of the decree, which the Plaintiff is seeking to execute and which is based on the Consent Terms filed between the parties. 5.

Mr. Karan Bhosale, learned Counsel submits that the pleadings in this Interim Application are complete and this Court may direct the Respondent to make complete disclosures. Mr. Karan Bhosale, learned Counsel submits that this Court may direct filing of the bank Rajesh Chittewan, PS 2/3

statements, Dmat Account, movable properties, financial and other assets.

6.

Mr. Subhash Jha, learned Counsel submits that since there are no movable properties, financial or other assets and therefore, the entries in the disclosure affidavit have been Nil/NA. 7.

Having heard the learned Counsel, let the Applicant provide/furnish details of the missing information/documents by way of Additional Affidavit within a period of four weeks with a copy to the other side.

8.

List on 20th November 2025.

( ABHAY AHUJA, J.) Rajesh Chittewan, PS 3/3 RAJESH VASANT CHITTEWAN Date: 2025.09.26 20:01:51 +0530 RAJESH VASANT CHITTEWAN