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Haresh Shantichand Jhaveri v. Itc Limited

Bombay HC19 Aug 2025IA/4079/2025

Case brief

AI extract

What is this about?

Restoration of execution application dismissed by self-operative order; Bombay High Court Commercial Division; Haresh Shantichand Jhaveri v. ITC Limited; Commercial Execution Application (L) No. 24385 of 2023; unremoved objection — clear copy of Exhibit A; costs Rs.5,000 to High Court Employees Medical Welfare Fund at Mumbai; objections to be removed within two weeks; registered number; pleadings to be completed; next date 29 September 2025; Abhay Ahuja, J.; interim application allowed and disposed.

What did the court decide?

Restoration of Commercial Execution Application (L) No. 24385 of 2023, subject to payment of costs of Rs.5,000/- to the High Court Employees Medical Welfare Fund at Mumbai; objections to be removed within two weeks and registered number obtained; pleadings to be completed; Execution Application listed for 29 September 2025.

Haresh Shantichand Jhaveri vs Itc Limited — Bombay HC (2025) — LawSathi Research

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6-IA-4079-2025.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION

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INTERIM APPLICATION NO. 4079 OF 2025 IN

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COMMERCIAL EXECUTION APPLICATION (L) NO. 24385 OF 2023

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HARESH SHANTICHAND JHAVERI )…APPLICANT

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V/s.

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ITC LIMITED )...RESPONDENT

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Mr.Kuber Wagle i/by Mr.Purazar Fouzdar, Advocate for the Applicant. Ms.Hilla Boatwalla i/by Nanu Hormasjee & Co., Advocate for the Judgment Debtor No.1.

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CORAM : ABHAY AHUJA, J. DATE : 19^th AUGUST 2025

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P.C. :

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This Interim Application seeks restoration of Commercial Execution Application (Lodging) No.24385 of 2023 which has been dismissed by a self operative order of this Court dated 12^th June 2025.

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ARTI VILAS KHATATE

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Mr.Kuber Wagle, learned Counsel for the Applicant, submits that objections had been removed except one viz. to provide a clear copy of Exhibit A and that while a copy of the same was being obtained, due to the self operative order, the Execution Application has been dismissed. Mr.Wagle submits that the dismissal is not due to any deliberate or avk 1/2

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Digitally signed by ARTI VILAS KHATATE Date: 2025.08.19 16:15:28 +0530

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6-IA-4079-2025.doc

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intentional act on the part of the Applicant and that this Court may restore the Execution Application by subjecting the Applicant to some reasonable costs.

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Ms.Hilla Boatwalla, learned Counsel appearing for the Judgment Debtor no.1, leaves it to the orders of this Court.

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Accordingly, having heard the learned Counsel and having considered the submissions, subject to payment of costs of Rs.5,000/to the High Court Employees Medical Welfare Fund at Mumbai, the Execution Application is restored.

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