Nimisha J. Madhvani v. Nitin J. Madhvani And 2 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2658 OF 2025 IN EXECUTION APPLICATION NO. 1757 OF 2022 Nimisha J. Madhvani ...... Applicant In the matter between :

Nimisha J. Madhvani ....... Applicant/Decree Holder V/s.

Nitin J. Madhvani and Ors. ........ Respondents Before : Insolvency Registrar, High Court, Bombay.

Date : 30th March, 2026 at 12.00 p.m.

Present: Pranav Chandhoke i/b. M/s. Veritas Legal for the Applicant. Mr.Ved Thakur a/w, Mr. Aniket Nighojkar, i/b. Cyril Amarchand Mangaldas, Advocate for Respondent No.1.

Ms. Priyam Amin i/b. N. N. Amin & Co. for Respondent No. 2 in IA No.2658 of 2025 & Respondent No. 3 in EA No. 1757 of 2022. CALLED FOR DIRECTION:

This is an adjourned meeting fixed for the directions. Pursuant to the orders passed by the Hon'ble Court (Coram:Abhay Ahuja, J.) dated 10th July, 2025 I am appointed as 'Court Commissioner'. The Court has directed to give the premises on leave and license basis. It has been observed and informed by the parties that, the keys of the said premises is in the hands of the society. In view of the Advocate for the Applicant to hand over of keys of the said premises in the office of Court Commissioner on or before 4th April, 2026 the next meeting which will be scheduled on 7th April, 2026 at 12.00 noon.

: 2 :

Advocate for the Applicant submits that, as per the instructions of the Applicant he request that, the broker may be appointed to give the said premises on leave and license basis and he has suggested the name of Mr. Lobo, who is a broker undertaking and the work of giving the premises on lease in Nariman Point area. Respondent no.2 is also agreeable for the appointment of the broker and they will also suggest name of the broker, if they find out anyway.

Advocate for the Applicant submits that, he will suggest the name of few more brokers Advocate for the Respondent no.1 submits that, he will seek instructions from Respondent no.1 whether the broker can be appointed or not. Advocate for the Respondent no.1 as per the instruction of Respondent no.1 also suggested that, the second Public Notice is required to be issued since, there is no output or outcome from the first Public Notice. Advocate for the Respondent no.1 also suggested that, The second Public Notice should be given into the Times of India newspaper in English as well as the Janmabhoomi newspaper in Gujarati language so that, there will be wider circulation of the Public Notice. He submits that, he is having instructions to go for the second publication from Respondent no.1.

Advocate for the Respondent no.1 further request for time may be given to seek instructions from Respondent no.1, whether Respondent no.1 is agreeable for the appointment of the broker.

In view of the aforesaid circumstances today's meeting adjourned to 7th April, 2026 at 12.00 noon.

: 3 :

All the parties will comply the directions given herein above. Advocate for the Applicant will hand over the keys of the said premises in Office of the Commissioner on or before 7th April, 2026.

Advocate for the Applicant also sent a letter dated 26th March, 2026 alongwith notice issued by MCGM for the attachment of the said property, the said letter is taken on record.

In view of the aforesaid circumstances, the Registry is directed to take the necessary steps for making payment of the MCGM dues as well as the Society dues as early as possible.

INSOLVENCY REGISTRAR ASA/RVR /home/ubuntu/Desktop/Insolvency Registrar-Preliminary Examination/IA 2658 OF 2025 IN EA 1757 OF 2022.odt