Safiran Payam Darya Shipping Lines Co v. Globex International Pvt Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION CHAMBER SUMMONS NO.19 OF 2016 IN COMMERCIAL EXECUTION APPLICATION NO.66 OF 2016 SAFIRAN PAYAM DARYA SHIPPING LINES CO.

)...APPLICANT

IN THE MATTER BETWEEN

SAFIRAN PAYAM DARYA SHIPPING LINES CO.

)...PLAINTIFF V/s.

GLOBEX INTERNATIONAL PVT. LTD.

)...DEFENDANT AND FAIZ BEG AND ANOTHER )...RESPONDENTS WITH COURT RECEIVER'S REPORT NO.41 OF 2026 IN COMMERCIAL EXECUTION APPLICATION NO.66 OF 2016 Mr.Bimal Rajasekhar, Advocate for the Applicant. Mr.Nirman Sharma i/by Mr.Umang Thakar, Advocate for the Respondents.

Mr.D.P.Singh, Advocate for the Respondent - Union of India. Mr.Swayam Chopada, Officer on special duty, Court Receiver's Office, present in Court.

CORAM

:

ABHAY AHUJA, J.

DATE :

25th MARCH 2026 P.C. :

1.

Pursuant to order dated 18th February 2026 the learned Additional Solicitor General of India, to whom notice was issued on avk 1/6

11th February 2026 to assist the Court in verifying as to whether the Respondent no.1 viz. Faiz Beg is suffering a travel ban in Dubai, today when the matter is called out, Mr.D.P. Singh, learned Counsel appears for the Respondent - Union of India and submits, on instructions received from the Ministry of External Affairs that Mr.Faiz Beg is indeed suffering a travel ban and that some time be granted to file an Affidavit containing the necessary details with respect to the travel ban. Let the said Affidavit be filed within a period of three weeks with copy to the others.

2.

Mr.Sharma, learned Counsel, appears for the Respondents and submits that the Respondent no.2 Mrs.Shahnaz Beg is present in Court and that the Power of Attorney holder of Mr.Faiz Beg viz. Mr.Riaz Beg is also present in Court. Mr.Sharma further submits that although a preliminary objection as to the jurisdiction of this Court to entertain the application has been taken up in the Affidavit as the amounts involved in the execution are below the pecuniary jurisdiction of this Court and that the proceedings be therefore transferred to the Bombay City Civil Court, however, in the interest of justice and without prejudice to the said preliminary objection as to the jurisdiction of this Court, this Court may request the Court Receiver to make one more attempt to take avk 2/6

possession of the Respondents/Judgment Debtors' property in Himachal Pradesh viz. Plot of land bearing Khasara No.52/7, Village Nangal, Jetpur, Tahasil Haroli, District Una, Himachal Pradesh - 174303 admeasuring 4.63 acres in Tahilwal Industrial Area (the "said plot of land") in respect whereof the Court Receiver was appointed on 24th December 2025.

3.

Mr.Bimal Rajasekhar, learned Counsel appearing for the Applicant, submits that while he has no objection to Mr.Sharma's request, however, learned Counsel submits that the valuation of the said plot of land at Himachal Pradesh may not be sufficient to meet the outstanding decretal dues and that the Respondents will have to make other arrangements to satisfy the entire decree. 4.

Mr.Swayam Chopada, learned Officer on special duty to the Court Receiver's Office, submits that earlier an attempt to take possession of the said plot of land at Himachal Pradesh was unsuccessful as none was present on behalf of the Respondents and nobody could identify the said plot of land and that this Court may consider giving directions in the Court Receiver's Report No.41 of 2026. avk 3/6

5.

Mr.Sharma for the Respondents submits that Mr.Riaz Beg would be personally present for identification of the said plot of land and for assistance to the Court Receiver's representative. The statement is accepted.

6.

Having heard the learned Counsel and having considered the submissions, the following order is passed :

ORDER

(i) Let an Affidavit containing the necessary details with respect to the travel ban suffered by the Respondent no.1 - Mr.Faiz Beg be filed within a period of three weeks with copy to the others. (ii) Let the representative of the Court Receiver, High Court, Bombay visit the said plot of land viz. Plot of land bearing Khasara No.52/7, Village Nangal, Jetpur, Tahasil Haroli, District Una, Himachal Pradesh - 174303 admeasuring 4.63 acres in Tahilwal Industrial Area and take physical possession of the same within a period of one month after fixing a mutually convenient appointment with the Respondents.

(iii) The representative of the Respondents no.1 viz. Mr.Riaz Beg and/or the Respondent no. 2 to identify the said plot of land and its boundaries.

avk 4/6

(iv) Let the title deeds also be delivered to the representative of the Court Receiver at the time of handing over physical possession of the said plot of land.

(v) Let arrangements for the visit of the representative of the Court Receiver be made and the costs for taking physical possession of the said plot of land be borne by the Respondents no.1 and 2. (vi) Let the police and local authority of the State of Himachal Pradesh and in particular of District Una render full co-operation to the authorized representative of the Court Receiver. (vii) Let the costs charges and expenses of the visit of the representative of the Court Receiver be paid by the Respondents. (viii) Let the costs of Rs.5,000/- in respect of Court Receiver's Report No.41 of 2026 be paid by the Respondents no.1 and 2 to the Court Receiver within a period of two weeks.

(ix) The Court Receiver's Report No.41 of 2026 accordingly stands disposed.

(x) Let the Court Receiver place a fresh report before this Court on the next date.

7.

List on 6th May 2026.

avk 5/6

8.

Let the Respondent no.2 Shahnaz Beg and Mr.Riaz Beg - the Power of Attorney holder of Respondent no.1 - Faiz Beg remain present in Court on the next date.

(ABHAY AHUJA, J.) ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2026.03.25 21:31:22 +0530 avk 6/6