Motilal Oswal Fianancial Services Ltd. vs Anupam Nargain Gupta — Bombay HC (2025) — LawSathi Research

Motilal Oswal Fianancial Services Ltd. vs Anupam Nargain Gupta — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Restoration to file of Execution Application (L) No. 31203 of 2023 and the connected Interim Applications, conditioned on payment of costs of Rs.10,000/- to the Bombay Panjrapole within two weeks, with directions to remove objections and obtain the registered number within four weeks.

Issue for consideration

Whether the Execution Application (L) No. 31203 of 2023, dismissed by the self-operative order dated 16 June 2025 for non-removal of office objections, ought to be restored to the file of this Court.

Court's answer

The Execution Application (L) No. 31203 of 2023 and the connected Interim Applications are restored to file, subject to payment of costs of Rs.10,000/- to the Bombay Panjrapole within a period of two weeks.

Ratio / Principle

Office objections are to be removed and the registered number obtained not later than a period of four weeks.

Key takeaways

The Interim Application stands allowed and disposed of in the above terms.ratio¶7

Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Abhay Ahuja, J., 24 November 2025 — Interim Application No. 4303 of 2025 in Execution Application (L) No. 31203 of 2023. The Execution Application had been dismissed by a self-operative order dated 16 June 2025 for non-removal of Registry office objections. On the Applicant's application (Respondent/Judgment Debtor served but unrepresented), the Court restored the Execution Application and the connected Interim Applications to file, subject to payment of costs of Rs.10,000/- to the Bombay Panjrapole within two weeks, and directed that objections be removed and the registered number obtained within four weeks. Counsel's recorded contention: the additional affidavit sought by the Registry was filed on 27 June 2025, within the two-week period expiring 30 June 2025, yet the application was rejected instead of being registered; the underlying claim is an unpaid arbitral award said to be Rs.10 crores. No statutory provision or precedent case is cited.

43-IA-4303-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by KANCHAN KANCHAN PRASHANT PRASHANT DHURI DHURI Date: 2025.11.24 20:32:40 +0530

ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 4303 OF 2025

IN

EXECUTION APPLICATION (L) NO. 31203 OF 2023

Motilal Oswal Fianancial Services Ltd … Applicant

Versus

Anupam Nargain Gupta … Respondent

Mr. Harsh Pathak instructed by Mr. Durgaprasad Sabnis, Advocate for the Applicant. None for the Respondent

CORAM : ABHAY AHUJA, J. DATE : 24 NOVEMBER 2025

P.C. :

This Interim Application seeks restoration of the Execution Application (L) No. 31203 of 2023 which came to be dismissed by a self-operative order of this Court dated 16^th June 2025 for non-removal of office objections.

When the matter is called out, Mr. Pathak, learned Counsel, appears for the Applicant and submits that although the two weeks’ time granted on 16^th June 2025 ended on 30^th June 2025 and the additional affidavit sought for by the Registry had been filed on 27^th June 2025, despite continuous follow-up with the Clerk of the Registry

Kanchan Dhuri 1/3

43-IA-4303-2025.doc

with respect to the additional affidavit, to the utter shock and dismay of the Applicant instead of awarding the registered number, the Execution Application came to be rejected.

Mr. Pathak submits that this Interim Application has been served on the other side and also the Affidavit of service has been filed, and despite that none appears for the Respondent/Judgment Debtor today.

Mr. Pathak submits that the Applicant is not in default of the conditional order and the Execution Application has been dismissed on account of complete misunderstanding causing serious prejudice to the rights of the Applicant. That this Court may consider that the Applicant is seeking to execute an arbitral award of Rs.10 Crores which has remained unpaid till date. Mr. Pathak submits that therefore this interim Application be allowed, subject to any reasonable terms, that this Court may impose.

Having heard the learned Counsel and having considered his submissions and for the reasons as contained in the said application and as submitted before this Court, but subject to payment of costs of Rs.10,000/- to the Bombay Panjrapole within a period of two weeks, the Execution Application (L) No. 31203 of 2023 and the connected Interim Applications are restored to file.

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43-IA-4303-2025.doc

Let objections be removed and registered number be obtained

not later than period of four weeks.

The interim Application accordingly stands allowed and disposed as above.

(ABHAY AHUJA, J.)

Kanchan Dhuri 3/3