Dhaval Anand Shah v. Rishi Balwantrai Thakkar

44-WP-4429-2026-MODIFIED.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4429 OF 2026 Dhaval Anand Shah ..Petitioner

Versus

Rishi Balwantrai Thakkar

...Respondent

Mr. Rohit Agarwal, with Pratik Barot, i/b Kruti Bhavsar, for the Petitioner.

Mr. Vijay M Vaghela, for the Respondent.

CORAM:

N. J. JAMADAR, J.

DATE :

21st APRIL 2026 ORAL ORDER:

1.

Heard the learned counsel for the parties.

2.

The challenge in this petition is to the orders dated 14th January 2026 and 26th February 2026 passed by the learned Judge, City Civil ARUN RAMCHANDRA SANKPAL Court, Mumbai in Execution Application No.0100362 of 2024, whereby ARUN RAMCHANDRA SANKPAL Date: 2026.05.07 09:02:12 +0530 a warrant of arrest came to be issued against the Petitioner under the provisions of Order 21 Rule 30 of the Code of Civil Procedure, 1908. The Petitioner thereafter appeared before the learned Executing Court and sought a stay to the execution of the said warrant. However, the matter came to be adjourned to 4th April 2026. ARS (Corrected order as per speaking to the Minutes of the Order dated 4th May 2026) 1/2

44-WP-4429-2026-MODIFIED.DOC 3.

Having regard to the nature of the orders passed by the Executing Court, with the consent of the learned counsel for the Respondents, the impugned orders are quashed and set aside.

4.

The application filed by the Respondent/Decree Holder for issuance of arrest warrant stands restored to the file of the Executing Court.

5.

The Petitioner/Judgment Debtor shall appear before the Executing Court on 6th May 2026 and file a reply to the application for issuance of the warrant of arrest within one week thereafter. 6.

The Executing Court is requested to decide the application for issuance of the arrest warrant afresh, after providing an opportunity of hearing to the Petitioner, as expeditiously as possible, and preferably within a period of four weeks thereafter.

7.

The Respondents are at liberty to file an additional affidavit. 8.

The petition stands disposed.

[N. J. JAMADAR, J.] ARS (Corrected order as per speaking to the Minutes of the Order dated 4th May 2026) 2/2