M/S T. K. Horizon Infra And 5 ORS v. The Custodian Of Enemy Property For India And 2 ORS

2026:BHC-GOA:590-DB Meena

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.208 OF 2026 1.

M/S Τ. Κ. HORIZON INFRA A Partnership Firm Office: F-14/6, Model Town-2, Delhi-110009 2.

Mr. Navin Khurana, Son of Kishan Chand Khurana, Aged 46 years, married, business, Indian National, resident of J-9-28, Rajouri Garden, Tagore Garden, West Delhi, Delhi, 110027 Mr. Sushil Khurana Son of Kishan Chand Khurana, Aged 60 years, married, business, Indian National, resident of J-9-28, Rajouri Garden, Tagore Garden, West Delhi, Delhi, 110027 4.

Mr. Mukesh Kumar, Son of Mehar Chand Taneja, Aged 50 years, married, business, Indian National, Resident of First Floor, G. T. B. Nagar, Tagore Park Extn, North West Delhi, Delhi, 110009 5.

Mr. Vijay Khurana, Son of Kishan Chand Khurana, Aged 58 years, married, business, Indian National, resident of of J-9-28, Rajouri Garden, Tagore Garden, West Delhi, Delhi, 110027 6.

Mr. Devender Kumar alias Devender Taneja.

Son of Mehar Chand Taneja, Aged 52 years, married, business, Indian National, Resident of House No.302, Opp. SBI Bank, Tagore Park Extension, Dr. Mukherjee Nagar Model Town, North West Delhi, Delhi

All are represented hereby by their Constituted Attorney Mrs. Supriya Madhukar Samjiskar, Daughter of Madhukar Dhaku Samjiskar, Aged 30years, Service, Indian National, Resident of House No.415, Calizor Waddo, Moira, Bardez, Goa ....

Petitioners.

Versus

1.

THE CUSTODIAN OF ENEMY PROPERTY FOR INDIA, Kaiser-I-Hind Building, Currimbhoy Road, Ballard Estate, Mumbai - 400 001.

2.

CIVIL REGISTRAR CUM SUB REGISTRAR, Essar Trade Centre, 2nd Floor, Morod, Mapusa, Bardez, Goa.

THE COLLECTOR, Office of Collector, North Goa District Panjim, Goa .....

Respondents Mr. Preetam Talaulikar, Advocate for the Petitioners. Mr. Raviraj Chodankar, Central Government Standing Counsel for Respondent No.1.

Mr. Prashil Arolkar, Additional Government Advocate for Respondent Nos.2 and 3.

CORAM:- VALMIKI MENEZES & AMIT S. JAMSANDEKAR, JJ.

DATED:- 25th March, 2026 ORAL JUDGMENT:

1.

Registry to waive office objections and register the matter. 2.

Heard learned Counsel for the parties.

Rule. Rule is made returnable forthwith with the consent of the parties.

4.

Mr. Raviraj Chodankar, learned Standing Counsel for the Central Government appearing for the Custodian of Enemy Property makes a submission that the declaration under Section 5 of the Enemy Property Act and Rules, is in respect of the property under Survey No.35/14 of Village Marra and not in respect to the subject matter of the Joint Venture Agreement of the Petitioner being registered i.e. Survey No.35/2 and 35/4C of the same village. 5.

Obviously therefore, the concerned Sub-Registrar, misinterpreting the prohibition order which related to Survey No.35/14 applied the same to the subject properties.

6.

Considering that the property which is the subject matter of the Agreement are not enemy properties, the objections raised by the SubRegistrar to that effect no more stand. The Sub-Registrar shall now proceed to register the document, after it is executed and presented by the fresh upload.

7.

Rule is made absolute in the above terms.

AMIT S. JAMSANDEKAR,J.

VALMIKI MENEZES, J.

Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 26/03/2026 10:23:51