Skybridge Incap Advisory Llp v. Cherag Shah
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION COURT RECEIVER'S REPORT NO. 517 OF 2024 IN COMMERCIAL EXECUTION APPLICATION NO. 183 OF 2025 Cherag Shah ...Applicant V/s.
Harshawardhan Hanmant Sabale
...Respondent
WITH COURT RECEIVER'S REPORT NO. 112 OF 2025 WITH INTERIM APPLICATION NO. 3320 OF 2025 WITH COMMERCIAL EXECUTION APPLICATION NO. 183 OF 2025 WITH INTERIM APPLICATION NO. 183 OF 2025 WITH COURT RECEIVER'S REPORT NO. 174 OF 2024 WITH COURT RECEIVER'S REPORT NO. 104 OF 2025 WITH INTERIM APPLICATION (L) NO. 35266 OF 2025 WITH INTERIM APPLICATION NO. 3229 OF 2024 WITH SHOW CAUSE NOTICE (L) NO. 26194 OF 2024 Mr. Yash Badkur with Mr. Sikander Kunda for the Applicant. Mr. Anurag R. Mishra i/b Suraj Naik for the Applicant in IA 3320/25. Mr. Vijay Salokhe i/b BLAC Co for the RBI.
Mrs. Nandini Deshpande, 1st Assistant to the Court Receiver.
CORAM
:
ABHAY AHUJA, J.
DATE :
13th NOVEMBER, 2025 Nikita Gadgil 1/4
P.C. :
Interim Application (L) No. 35266 of 2025 1.
At the outset, when the matter is called out, learned Counsel appearing for the Applicant seeks to withdraw the said Interim Application.
2.
The Interim Application accordingly stands disposed as withdrawn.
Commerical Execution Application No. 183 of 2025 3.
Mr. Badkur, learned Counsel appears for the Execution Applicant and draws the attention of this Court to the order dated 15th July, 2025 submitting that this was the last effective order which has been passed by this Court directing the Mumbai as well as Goa police to apprehend the Judgment Debtor and secure his presence before this Court. Mr. Badkur submits that he is not aware as to whether any report has been filed in this regard.
4.
Learned Court Associate points out that pursuant to the orders of this Court, two reports have been filed: one dated 1st August, 2025 and the other dated 6th August, 2025.
5.
A perusal of the report dated 1st August, 2025 indicates that the Judgment Debtor No. 1 could not be found by the police authority and Nikita Gadgil 2/4
that he has been named as a wanted accused no.2 in criminal case registered by the Economic Offences Wing. That during the investigation of FIRs No. 13 of 2024 and 57 of 2024, the Judgment Debtor No. 1 has been declared fugitive and search is still going on. That the regional passport office has also impounded the passport of the Judgment Debtor No.1.
6.
It is also observed from report dated 6th August, 2025 that despite search by the police officials in Goa, the Judgment Debtor No. 1 was not found. That his cell number is also coming switched off. 7.
Today none is present either from the Mumbai Police or from the Versova Police Station or from the Goa Police. Accordingly, Registry is directed to issue notice to the police officials of the Versova Police Station as well as the Mumbai Police, Economic Offences Wing as well as the Goa Police to remain present in this Court with respect to the investigation concerning the Judgment Debtor No.1 and place reports before this Court as to the status of the investigation as well as the whereabouts of the Judgment Debtor No.1 and the steps being taken to apprehend him.
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8.
It goes without saying that the police authorities including the Commissioners of Police of Mumbai and Goa to take steps to secure the presence of the Judgment Debtor No. 1 before this Court on the next date.
9.
List on 19th December, 2025.
10.
Let the Public Prosecutors of the State of Maharashtra and Goa also remain present in the Court on the next date. (ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:
2025.11.14 10:16:10 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 4/4