Jayant Meghani v. Shree Tirupati Greenfield

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 5652 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 218 OF 2025 Jayant Meghani ...Applicant V/s.

Shree Tirupati Greenfield

...Respondent

WITH COMMERCIAL EXECUTION APPLICATION NO. 219 OF 2025 WITH INTERIM APPLICATION NO. 5653 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 219 OF 2025 WITH INTERIM APPLICATION NO. 5386 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 219 OF 2025 WITH INTERIM APPLICATION NO. 7381 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 219 OF 2025 WITH COMMERCIAL EXECUTION APPLICATION NO. 218 OF 2025 WITH INTERIM APPLICATION NO. 5652 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 218 OF 2025 WITH INTERIM APPLICATION NO. 5382 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 218 OF 2025 WITH INTERIM APPLICATION NO. 7380 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 218 OF 2025 1/4

Mr. Narayan Sahu with Mr. A. K. Shukla i/b Mr. Ashish Pawar and Ms. Mamta Magare for the Applicant.

Mr. Simil Purohit, Senior Advocate with Mr. Saurabh Oka for the Respondent.

CORAM

:

ABHAY AHUJA, J.

DATE :

18th DECEMBER, 2025 P.C. :

1.

This matter has been listed on the supplementary board under the caption "For Compliance".

2.

When the matter was called out in the morning session, Mr. Oka, learned Counsel appearing for the Respondent had sought time as the Pay Orders were in the process of being issued. 3.

When the matter is called out in the afternoon session, Mr. Purohit, learned Senior Counsel appears for the Respondent and submits that the Pay Orders of a total of Rs. 2,17,49,081/- in both the Commercial Execution Applications have been issued in the name of the Applicant and are being handed over to Mr. Sahu, learned Counsel for the Applicant.

4.

Mr. Sahu, learned Counsel appearing for the Applicant accepts the 13 Pay Orders of a total amount of Rs. 2,17,49,081/-. Mr. Sahu 2/4

submits that since the amount of Rs. 53,01, 850/- was withdrawn from the amount deposited in the Sessions Court under an undertaking to bring back the said amount if the Criminal Appeals No. 316 of 2025, 313 of 2025 and 315 of 2025 were to be allowed, this Court may direct the Respondent to consent to the withdrawal of the said undertaking.

5.

Mr. Sahu, learned Counsel for the Applicant further submits that after considering the aforesaid amounts, there would still be balance amount of Rs. 2,76,998/- outstanding and that if a cheque/Pay Order to that effect is given, that would close the entire lis and the two Commercial Execution Applications can be disposed of. 6.

Mr. Purohit, learned Senior Counsel for the Respondent submits on instructions, that before the Sessions Court, the Respondent would make an application for compounding @ 7.5% and thereby relieve the Applicant of the undertaking to return / bring back Rs. 53,01,850/-, in the event the Respondent would succeed in the Criminal Appeals. The statement is accepted as an undertaking to this Court. 3/4

7.

Mr. Purohit further submits that his client-Respondent is handing over the cheque of Rs.2,76,998/- to Mr. Sahu, learned Counsel for the Applicant and that accordingly, this Court may dispose of the two Commercial Execution Applications.

8.

Mr. Sahu, learned Counsel appearing for the Applicant accepts the cheque for the said amount and submits that this Court, subject to compliance of the undertaking, may dispose of the two Commercial Execution Applications and direct the marking of satisfaction of the award dated 9th January, 2024.

9.

In view of the aforesaid, the Commercial Execution Applications stand disposed of. The award dated 9th January, 2024 be marked satisfied in the above terms.

10.

In view of the disposal of the Commercial Execution Applications, the Debit Freeze orders dated 16th December, 2025 to stand vacated. 11.

Also in view of the disposal of the Commercial Execution Applications, the Interim Applications in the matters also to accordingly by NIKITA YOGESH GADGIL Date:

2025.12.18 19:49:20 +0530 NIKITA YOGESH GADGIL stand disposed.

(ABHAY AHUJA, J.) 4/4