Motilal Oswal Fianancial Services Ltd v. Anupam Nargain Gupta

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2025.11.24 20:32:40 +0530 KANCHAN PRASHANT DHURI INTERIM APPLICATION NO. 4303 OF 2025 IN EXECUTION APPLICATION (L) NO. 31203 OF 2023 Motilal Oswal Fianancial Services Ltd ... Applicant

Versus

Anupam Nargain Gupta ... Respondent ............

Mr. Harsh Pathak instructed by Mr. Durgaprasad Sabnis, Advocate for the Applicant.

None for the Respondent ............

CORAM

:

ABHAY AHUJA, J.

DATE :

24 NOVEMBER 2025 P.C. :

1.

This Interim Application seeks restoration of the Execution Application (L) No. 31203 of 2023 which came to be dismissed by a self-operative order of this Court dated 16th June 2025 for non-removal of office objections.

2.

When the matter is called out, Mr. Pathak, learned Counsel, appears for the Applicant and submits that although the two weeks' time granted on 16th June 2025 ended on 30th June 2025 and the additional affidavit sought for by the Registry had been filed on 27th June 2025, despite continuous follow-up with the Clerk of the Registry Kanchan Dhuri 1/3

with respect to the additional affidavit, to the utter shock and dismay of the Applicant instead of awarding the registered number, the Execution Application came to be rejected.

3.

Mr. Pathak submits that this Interim Application has been served on the other side and also the Affidavit of service has been filed, and despite that none appears for the Respondent/Judgment Debtor today.

4.

Mr. Pathak submits that the Applicant is not in default of the conditional order and the Execution Application has been dismissed on account of complete misunderstanding causing serious prejudice to the rights of the Applicant. That this Court may consider that the Applicant is seeking to execute an arbitral award of Rs.10 Crores which has remained unpaid till date. Mr. Pathak submits that therefore this interim Application be allowed, subject to any reasonable terms, that this Court may impose.

5.

Having heard the learned Counsel and having considered his submissions and for the reasons as contained in the said application and as submitted before this Court, but subject to payment of costs of Rs.10,000/- to the Bombay Panjrapole within a period of two weeks, the Execution Application (L) No. 31203 of 2023 and the connected Interim Applications are restored to file.

Kanchan Dhuri 2/3

6.

Let objections be removed and registered number be obtained not later than period of four weeks.

7.

The interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.) Kanchan Dhuri 3/3