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Bombay High CourtIA/6702/2025withdrawn

Ashok Kumar Goel v. Ebix Technologies Limited

2025-11-10Hon'Ble Shri Justice Abhay Ahuja3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION by KANCHAN PRASHANT DHURI Date:

2025.11.11 14:42:56 +0530 KANCHAN PRASHANT DHURI IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 6701 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 170 OF 2025 Ashok Kumar Goel and another ... Applicants

Versus

Ebix Technologies Limited (Formerly Ebixcash Limited) and others ... Respondents WITH INTERIM APPLICATION NO. 6702 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 170 OF 2025 ............

Mr. Sharan Jagtiani, Senior Advocate alongwith Mr. Nilesh Jain, Ms. Juhi Mathur, Mr. Atul Jain, Ms. Sonia Dasgupta, Ms. Surabhi Agarwal, Mr. Abhimanyu Chaturvedi and Mr. Saurav Thampan instructed by Trilegal, Advocate for the Applicants.

Ms. Naira Jeejeebhoy alongwith Mr. Siddharth Sharma, Mr. Harsh Ramchandani, Advocate for the Proposed Defendant No.4 in IA-67022025 and IA-6701-2025. Ms. Kritika Joshi (through VC), Advocate for the ICICI Bank. Ms. Nandini Deshpande, 1st Assistant to the Court Receiver, present. ............

CORAM

:

ABHAY AHUJA, J.

DATE :

10 NOVEMBER 2025 P.C. :

Interim Application No.6701 of 2025 :

1.

When the matter is called out, Mr. Sharan Jagtiani, learned Senior Counsel, appears for the Applicant and seeks prayer clause (e) and prayer clause (g).

Kanchan Dhuri 1/3

2.

Mr. Jagtiani submits that earlier before the contempt court as regards Rs.6.05 Crores, first priority lien has been marked in favour of the Court Receiver, High Court, Bombay and that this Court may direct transfer of those funds in the Court Receiver's account. Mr. Jagtiani also submits that this Court may direct disclosure in terms of prayer clause (g).

3.

Mr. Sharma, learned Counsel, appearing for the Respondents No.1 and 2 submits that as regards the transfer of the amount of Rs.6.05 crores is concerned, the same is subject matter of a contempt matter which has been reserved for orders before the arbitration Court and also the issue of inadequate disclosures is pending before the said Court. Mr. Sharma submits that therefore this Court may not grant directions in terms of prayer clauses (e) and (g) until the said issues have been addressed by the Arbitration Court. 4.

Having heard the learned Counsel and having considered their submissions, this Court is of the view that since the issues are already pending before another Bench it would not be proper to pass orders on prayer clauses (e) and (g) at this stage. 5.

Let reply(ies) to the said Application be filed within a period of two weeks, with copy to the other side. Rejoinder(s), if any, in two weeks thereafter, with copy to the other side. Kanchan Dhuri 2/3

Interim Application No.6702 of 2025 :

6.

As regards, this Interim Application, the learned Counsel appearing for the ICICI Bank seeks time to file reply in the matter. 7.

Ms. Joshi also requests that some more time be granted to file reply in the matter after considering the Court Receiver's report. 8.

Ms. Deshpande, 1st Assistant to the Court Receiver submits that the Court Receiver's Report is not yet ready and some time be granted.

9.

Let the report positively be filed and served within a period of two weeks.

10.

Let reply(ies) be filed in two weeks thereafter, with copy to the other side. Rejoinder, be filed in two weeks thereafter, with copy to the other side.

11.

List both the Interim Applications on 6th January 2026. (ABHAY AHUJA, J.) Kanchan Dhuri 3/3