Good Value Financial Services Pvt Ltd v. P And P Associates A Proprietorship Concern Of Mrs Dimple Nilesh Gala

18. COMEXL 20210-25 in COMSS 1477-19 @ IA 5504-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION COMMERCIAL EXECUTION APPLICATION (L) NO. 20210 OF 2025 IN COMMERCIAL SUMMARY SUIT NO. 1477 OF 2019 Good Value Financial Services Pvt. Ltd.

...Applicant V/s.

P and P Associates

...Respondent

WITH INTERIM APPLICATION NO. 5504 OF 2025 Mr. Akshay Doctor i/b Mr. Rajesh Talekar for the Applicant. None for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

24th NOVEMBER, 2025 P.C. :

1.

When the matter is called out, it is observed from the cause list that the Execution Application as it appears is taken out in the Commercial Summary Suit. It is observed that the Commercial Summary Suit has been disposed of by order dated 12th December, 2024 and therefore, mentioning the Execution Application, which is an independent proceeding, in a disposed of Commercial Summary Suit, is rather faulty.

2.

Registry to take note of the same and rectify the same. 3.

Mr. Doctor, learned Counsel appears for the Execution Applicant and submits that there is an Interim Application that has also been Nikita Gadgil 1/2

18. COMEXL 20210-25 in COMSS 1477-19 @ IA 5504-25.doc taken out in the Commercial Execution Application and that since there has been no compliance with the decree of this Court in the Commercial Suit, this Court in the first instance, may direct disclosures from the Respondents as the assets of the Respondents are not known. 4.

Mr. Doctor submits that although service has been effected on the Respondent in the Commercial Execution Application, however, the affidavit of service is yet to be filed.

5.

It is also observed that the Commercial Execution Application is on lodging number. Let objections be removed and registered number be obtained within a period of two weeks, failing which the Commercial Execution Application to stand dismissed without further reference to the Court.

6.

Subject to the above, let affidavit of service be filed by the next date.

7.

Also subject to the above, list on 12th January, 2026. (ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2025.11.24 18:46:31 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2