Mangla Amit Builders Pvt Ltd v. Vinay Fabrics Private Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION INTERIM APPLICATION NO. 746 OF 2026 IN COMMERCIAL SUMMARY SUIT NO. 1 OF 2025 MANGLA AMIT BUILDERS PVT. LTD.

)...APPLICANT V/s.

VINAY FABRICS PRIVATE LIMITED AND OTHERS )...RESPONDENTS Mr.Amit Patil a/w. Mr.Mittal Munoth and Ms.Anushka Jain, Advocate for the Applicant / Original Plaintiff.

Mr.Sumeet Nankani a/w. Mr.Devakinandan Singh, Ms.Trisha Rathi i/by Mr.Nikhil Rungta, Advocate for the Respondents / Original Defendants.

CORAM

:

ABHAY AHUJA, J.

DATE :

18th FEBRUARY 2026 P.C. :

1.

Mr.Amit Patil, learned Counsel, appears for the Applicant/Original Plaintiff and presses for prayer clause (a) submitting that unless the assets are disclosed by the Respondents/Defendants, it would not be known as to what assets are available to the Plaintiffs for recovery of the amounts claimed, in the event this Court decrees the Suit in favour of the Plaintiffs. Mr.Patil submits that out of 167 ARTI VILAS KHATATE commercial units, 139 units have already been sold by the Defendants by ARTI VILAS KHATATE Date:

2026.02.18 19:29:59 +0530 avk 1/3

as per the information available with the Real Estate (Regulation and Development) Authority (RERA). That, unless this Court not only directs disclosure but also attachment of the unencumbered movable and immovable assets of the Respondents, there would hardly be any security available to pay for the amounts due, in the event the Suit is decreed.

2.

Mr.Sumeet Nankani, learned Counsel appearing for the Respondents/Original Defendants, submits that some time be granted to file a reply to the application, however, submitting on instructions, without prejudice to the rights and contentions of the Respondents, that 12,000 sq.ft. area of the commercial units in Umed Heights, Jodhpur, Rajasthan, will be earmarked to secure the Applicants. The statement is accepted.

3.

Let the earmarking be done and a communication to that effect be addressed to the Plaintiffs by the end of the day tomorrow. Let reply be filed within a period of two weeks with a copy to the other side. Rejoinder in two weeks thereafter, with a copy to the other side. avk 2/3

4.

The issue with respect to disclosures will be considered on the next date.

5.

List on 1st April 2026 along with the Summons for Judgment. (ABHAY AHUJA, J.) avk 3/3