Hussain Siraj Somji v. Joy Builders

60-ia-1489-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.1489 OF 2026 IN COMM. EXECUTION APPLICATION NO.161 OF 2025 Hussain Siraj Somji ..

Applicant.

v/s.

Joy Builders ..

Respondent.

by SMITA RAJNIKANT JOSHI Date:

2026.04.10 18:22:59 +0530 SMITA RAJNIKANT JOSHI Mr. Karan Bhide with Adv. Aashi J. i/b. Dave and Girish & Co., for Applicant.

Mr. Rahul Agrawal i/b. M/s. Purnanand & Co., for the Decree Holder. CORAM: FIRDOSH P. POONIWALLA,J.

DATE : 10th APRIL, 2026.

P. C:- This Interim Application has been filed seeking various reliefs. Prayer clause (b) is the main relief and reads as under:- "(b):- This Hon'ble Court be pleased to cancel/ quash and/or set aside the Warrant of Attachment dated 17.12.2025 ("Exhibit B" herein) issued in the above Commercial Execution Application so far as it relates to (i) Commercial Office premises No.2 admeasuring 1221 sq.ft. on the 4th Floor; (ii) Commercial Office premises No.11 admeasuring 1296 sq.ft. on the 4th Floor ; and (iii) Commercial Office premises No.11 admeasuring 1296 sq.ft. on the 5th Floor; of Manthan Plaza situated at CTS No. 962-D at village Kole Kalyan, Nehru Road, Santacruz East, Mumbai 400 055 (as described in "Exhibit A" herein)." S.R.JOSHI

60-ia-1489-2026.doc The Applicant has sought setting aside of the Order of Warrant of Attachment in respect of the properties mentioned in prayer clause (b) on the ground that the Applicant is not the judgement debtor and is no way connected with this proceeding. The learned Counsel appearing on behalf of the Execution Applicant states that the Execution Applicant is agreeable to the setting aside of the said Warrant of Attachment.

In these circumstances, the Interim Application is allowed in terms of prayer clause (b).

In the facts and circumstances of the case, there shall be no order as to costs.

(FIRDOSH P. POONIWALLA,J.) S.R.JOSHI