Arun Damji Gada v. Antara Housing Llp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by KANCHAN PRASHANT DHURI Date:

2025.08.26 18:46:49 +0530 KANCHAN PRASHANT DHURI IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 2579 OF 2025 COMMERCIAL EXECUTION APPLICATION (L) NO. 8847 OF 2023 Antara Housing LLP ... Applicant

Versus

Primeland Constructions ... Respondent WITH COURT RECEIVER'S REPORT NO. 4 OF 2025 CONTEMPT PETITION (L) NO. 21680 OF 2021 WITH CHAMBER SUMMONS NO. 3 OF 2021 WITH INTERIM APPLICATION NO. 3038 OF 2024 WITH CONTEMPT PETITION NO. 12 OF 2025 INTERIM APPLICATION NO. 3038 OF 2024 WITH CONTEMPT PETITION NO. 11 OF 2025 Kanchan Dhuri 1/5

INTERIM APPLICATION NO. 3038 OF 2024 WITH INTERIM APPLICATION (L) NO. 10813 OF 2025 WITH INTERIM APPLICATION NO. 4102 OF 2025 INTERIM APPLICATION (L) NO. 10813 OF 2025 WITH CHAMBER SUMMONS NO. 79 OF 2019 WITH CONTEMPT PETITION (L) NO. 21680 OF 2021 INTERIM APPLICATION NO. 467 OF 2021 WITH CONTEMPT PETITION NO. 42 OF 2024 INTERIM APPLICATION NO. 467 OF 2021 WITH SHOW CAUSE NOTICE NO. 3 OF 2025 CONTEMPT PETITION NO. 12 OF 2025 WITH Kanchan Dhuri 2/5

INTERIM APPLICATION NO. 1264 OF 2025 ............

Mr. Sharan Jagtiani, Senior Advocate alongwith Mr. Anosh Sequeira, nd Mr. Siddharth Joshi and Ms. Sakina Electricwala instructed by Avyaan Legal, Advocate for the Applicants.

Mr. Aankit Lohiya alongwith Mr. Gauraj Shah, Ms. Usha Agarwal and Ms. Swaati Margi, Advocate for the Intervener. Ms. Akanksha Agrawal alongwith Mr. Arun Unnikrishnan, Ms. Urvi Gulechha and Ms. Ishani Saxena instructed by Jadeja & Satiya, Advocate for the Respondents No.1 to 3/Contemnors No.1 to 3. Ms. Nandini Deshpande, 1st Assistant to the Court Receiver alongwith V.N. Worlikar, Section officer, present.

............

CORAM

:

ABHAY AHUJA, J.

DATE :

25 AUGUST 2025 P.C. :

Interim Application No.4102 of 2025 in Interim Application (L) No.10813 of 2025 :

1.

This Interim Application seeks restoration of Interim Application (L) No.10813 of 2025 that was dismissed for non-removal of office objections by a self-operative order of this Court dated 1st July 2025.

2.

Mr. Lohia, learned Counsel, appears for the Intervenor and submits that some time be granted to remove the objections. Kanchan Dhuri 3/5

3.

Mr. Jagtiani, learned Senior Counsel, appearing for the Contempt Petitioner and the other learned Counsel appearing in the matter have no objection if the Interim Application (L) No.10813 of 2025 is restored to file.

4.

Having heard the learned Counsel and having considered their submissions, relief in terms of the prayer clause (a) is granted, which reads thus :

(a) That this Hon'ble Court be pleased to set aside the order dated 01-07-2025 of this Hon'ble Court, to the extent mentioned in para 6 of the said Order of this Hon'ble Court and be pleased to restore the Interim Application (L) No.10813 of 2025.

5.

Let the registered number be awarded within a period of two weeks.

6.

Interim Application accordingly stands allowed and disposed as above.

Contempt Petition No.12 of 2025 :

7.

Mr. Jagtiani, learned Senior Counsel, appears for the Contempt Petitioner and submits that some time be granted to file rejoinder in the matter. It is also submitted that against the order dated Kanchan Dhuri 4/5

17th July 2025 the Contemnors have filed a Special Leave Petition in the Hon'ble Supreme Court and have not even cared to disclose the same in the reply filed in this Petition.

8.

Having heard the learned Senior Counsel and having considered his submissions, this Court is of view that rejoinder(s) be filed within a period of three weeks, with copy to the other side. 9.

Registry to accept the reply.

Contempt Petition No.11 of 2025 :

10.

Ms. Akanksha Agarwal, learned Counsel, appearing for the Contemnors No.1 to 3 seeks some time to file reply. 11.

Let reply(ies) be filed within a period of three weeks, with copy to the other side. Rejoinder(s), if any, be filed within a period of three weeks thereafter, with copy to the other side. 12.

List on 13th October 2025 alongwith the other proceedings. 13.

Let the Contemnors/Respondents in the Contempt Petition positively remain present in Court on the next date. 14.

Earlier orders to continue till the next date. (ABHAY AHUJA, J.) Kanchan Dhuri 5/5