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Bombay High CourtIA/4103/2025disposed off

Nusi Itf Trust For Indian Seafarers v. Wockhardt Hospital Limited

2026-02-13Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 4103 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 78 OF 2025 NUSI ITF TRUST FOR INDIAN SEAFARERS )...APPLICANT V/s.

WOCKHARDT HOSPITAL LIMITED )...RESPONDENT Mr.A.M.Kapadia a/w. Ms.Ayesha Damania i/by Mr.Pratik Salgaonkar, Advocate for the Applicant.

Mr.Janak Dwarkadas, Senior Advocate a/w. Mr.Vikram Desmukh, Mr.Vishal Maheshwari and Ms.Kamini Pansare i/by V M Legal, Advocate for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

13th FEBRUARY 2026 P.C. :

1.

This matter was mentioned at the behest of the Respondent in the morning and is again being mentioned just now at 1.00 p.m. after the learned Counsel for the Applicant is also present in the Court. 2.

Mr.Dwarkadas, learned Senior Counsel appearing for the Respondent submits that in the operative part of the order in paragraph ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2026.02.13 14:03:55 +0530 avk 1/3

6(iii)(b) instead of the language "debit freezing the accounts" this Court may grant some time to earmark the accounts to the extent of Rs.15 crores.

3.

Mr.Kapadia, learned Counsel appearing for the Applicant, submits on instructions that he has no objection if instead of debit freezing the Respondent's accounts are earmarked to the extent of Rs.15 crores in a time bound manner with intimation to the Applicant. 4.

In view of the above, let paragraph 6 (iii) of the order dated 12th February 2026 be modified as under :

(iii) Until the next date the Respondent not to in any manner whatsoever, deal with or dispose of any of its properties, movable or immovable, tangible or intangible, except in the ordinary course of business.

5.

After 6(iii), let a new paragraph 6(iv) be added as under : (iv) The Respondent to within a period of one week earmark an aggregate amount of Rs.15 crores in the accounts of the Respondent mentioned in Exhibit B to the further Affidavit dated 3rd December 2025 and intimate the same to the Applicant in writing. avk 2/3

6.

The learned Counsel submit that the aforesaid modifications to the order dated 12th February 2026 would be without prejudice to the rights and contentions of the parties. Ordered accordingly. 7.

List as per schedule on 18th March 2026.

(ABHAY AHUJA, J.) avk 3/3