Messres K. Parikh And Co. v. Messrs Maharashtra Scrap And ANR

2026:BHC-AS:19954 Megha 5_ia_1939_2026 in wp_983_2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1939 OF 2026 IN WRIT PETITION NO.983 OF 2023 M/s. K. Parikh & Co.

In the matter between M/s. K. Parikh & Co.

...Applicant

...Petitioner

V/s.

M/s. Maharashtra Scrap and Anr.

...Respondents

________________ Mr. Naushad Engineer with Mr. Sunil Gangan, Ms. Shreya Jha and Mr. Swapnil Shikhare i/b. M/s. RMG Law Associates for the Applicant. Mr. Deepak S. Bhalerao, 2nd Asstt to the Court Receiver. ________________ CORAM: SANDEEP V. MARNE, J.

DATED: 24 APRIL 2026.

P.C.:

1) Interim Application is filed seeking appropriate directions against the Court Receiver on account of failure to implement the order dated 2 November 2023 passed in the main Petition. In paragraph 7 of the order this Court has directed as under:-

7. ... However, if it is found that the TDS as regards receivable amount is not already paid, the petitioner shall submit Chartered Accountant's undertaking of his choice. The undertaking shall be to pay TDS all the receivable amount.

Page No.

1 of 24 April 2026

Megha 5_ia_1939_2026 in wp_983_2023 2) It appears that the TDS on the receivable amount has not already been paid and the same is payable by the Applicant. The Applicant has accordingly prepared a draft undertaking for being executed vide letter dated 30 June 2025.

3) The Court Receiver shall accordingly accept the undertaking executed in terms of the draft and release the amount to the Applicant. However, once the tax /TDS on the receivable amount is paid by the Applicant/Petitioner, it shall give intimation to that effect to the Court Receiver within a period of two weeks of making of payment of tax /TDS. 4) Interim Application is disposed of.

[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 27/04/2026 18:24:18 Page No.

2 of 24 April 2026