Vistra Itcl (India) Ltd. and Anr. vs Suyog Realtors Pvt. Ltd. and Ors. — Bombay HC (2025) — LawSathi Research

Vistra Itcl (India) Ltd. and Anr. vs Suyog Realtors Pvt. Ltd. and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Court Receiver's Report No. 252 of 2025 stands disposed of. Three weeks' time granted on humanitarian grounds to Mr. Swalin Qureshi to vacate subject Flat No. 1604, Mantri Serene; Court Receiver directed to take possession on 08.12.2025 at 3.00 p.m.; undertaking in Qureshi's letter accepted as an undertaking to the Court; costs of the Report fixed at Rs. 5,000/- deductible from the amount already deposited by the Judgment Debtor; matter stood over to 09.12.2025.

Issue for consideration

Whether and when the Court Receiver may take physical possession of attached Flat No. 1604, Mantri Serene, C.S. No. 827, Goregaon (East), Mumbai, which is in the occupation of a leave-and-licensee, Mr. Swalin Qureshi. +1 more

Court's answer

The Court Receiver is directed to take steps of taking possession of the subject Flat No. 1604, Mantri Serene, C.S. No. 827, Goregaon (E), Mumbai, on 08.12.2025 at 3.00 p.m.

Ratio / Principle

Only on humanitarian ground, three weeks' time is granted to Mr. Swalin Qureshi to vacate the subject Flat No. 1604.

Key takeaways

The undertaking given in Mr. Swalin Qureshi's letter dated 14.11.2025 is accepted as an undertaking given to this Court.ratio¶47
Costs of the Court Receiver's Report are fixed at Rs. 5,000/-, to be deducted from the amount already deposited by the Judgment Debtor.ratio¶58

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Rajesh S. Patil, J., order dated 17.11.2025 — Court Receiver's Report No. 252 of 2025 (listed with connected interim applications) in Commercial Execution Application No. 15 of 2022, Vistra ITCL (India) Limited & anr. (Applicants/Judgment Creditors) v. Suyog Realtors Pvt. Ltd. & ors. Pursuant to the order dated 10.02.2025, the Court Receiver was appointed Receiver to attach Flat No. 1604, Mantri Serene, C.S. No. 827, Goregaon (E), Mumbai, exercising powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908. On visiting the flat on 03.05.2025 the Receiver found one Swalin Qureshi in occupation, claiming occupancy on leave-and-licence basis since 01.09.2025, and could not take possession; he filed his Report dated 18.06.2025 seeking directions. Qureshi's letter dated 14.11.2025 to judgment debtor Sunil Mantri — requesting four weeks to vacate and referring to the Court order dated 13-11-2025 requiring vacation — was taken on record and marked 'X'; the undertaking therein was accepted as an undertaking to the Court. On humanitarian grounds the Court granted three weeks to vacate and directed the Receiver to take possession on 08.12.2025 at 3.00 p.m.; the Report stands disposed of, costs fixed at Rs. 5,000/- deductible from the Judgment Debtor's deposit, and the matter stood over to 09.12.2025.

Procedural history

How this case reached the court

AI extract

Prior proceeding
The matters arise out of Commercial Execution Application No. 15 of 2022; the caption groups Interim Application No. 3645 of 2025, Interim Application No. 6383 of 2025, Court Receiver's Report No. 252 of 2025, Interim Application No. 19 of 2025 and Interim Application (L) No. 37168 of 2024.¶5
Prior proceeding
By order dated 10.02.2025 the Court Receiver was appointed as Receiver to attach Flat No. 1604, Mantri Serene, C.S. No. 827, Goregaon (E), Mumbai 400 065, and was directed to exercise his powers under Order XL, Rule 1 of the Code of Civil Procedure, 1908.¶30
Prior proceeding
The Court Receiver submitted his Report dated 18.06.2025 informing the Court of the above appointment.¶26
Prior proceeding
When the Receiver's representative visited the flat on 03.05.2025 to take physical possession, one Mr. Swalin Qureshi was found in occupation; he stated he was in occupation on leave and licence basis since 01.09.2025.¶31
Prior proceeding
The Court Receiver was therefore not able to take physical possession of the flat and filed his Report seeking directions from the Court.¶31
Prior proceeding
On the last occasion, Mr. Mahajan, learned Counsel for the Decree Holder, submitted that he would take instructions from his client regarding the status of Mr. Swalin Qureshi, who is in occupation of the flat.¶32
Prior proceeding
Mr. Mahajan tendered a letter dated 14.11.2025 addressed by Mr. Swalin Qureshi to Mr. Sunil Mantri (Judgment Debtor); it was taken on record and marked 'X' for identification.¶33
Prior proceeding
In the letter Qureshi states he fully intends to comply with the Court Order dated 13-11-2025 requiring him to vacate the licensed premises, requests four weeks to vacate while actively searching for alternative accommodation, and assures continued compliance with the obligations under the licence agreement.¶40
Prior proceeding
The undertaking given in Qureshi's letter was accepted by the Court as an undertaking given to the Court.¶47
Prior proceeding
Mr. Mahajan, learned Counsel for the Decree Holder, submitted that Mr. Swalin Qureshi will vacate the subject Flat No. 1604 within four weeks from that day, as he is staying in the subject flat with his family.¶52
Prior proceeding
Counsel further submitted that the Applicants will file an Affidavit before the next date of hearing disclosing details of the shares in his name, including those of SPM Securities.¶53