Aelea Commodities Pvt. Ltd. vs Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. — Bombay HC (2025) — LawSathi Research

Aelea Commodities Pvt. Ltd. vs Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Leave granted to implead M/s Onkar Sugar and Allied Industries Private Limited as a party to Commercial Execution Application No. 16 of 2023 and to Interim Application No. 2554 of 2024, with consequential amendments permitted; amendments to be carried out within two weeks and amended proceedings to be served on all concerned, including the newly impleaded Respondent, within two weeks thereafter, with affidavit of service; the Interim Application stands allowed and disposed accordingly.

Issue for consideration

Whether leave should be granted to implead M/s Onkar Sugar and Allied Industries Private Limited as a party to Commercial Execution Application No. 16 of 2023 and to Interim Application No. 2554 of 2024, with consequential amendments. +1 more

Court's answer

The Interim Application (No. 5325 of 2025) is allowed in terms of prayer Clauses (a) to (c): leave granted to implead M/s Onkar Sugar and Allied Industries Private Limited as a party to Commercial Execution Application No. 16 of 2023 and to Interim Application No. 2554 of 2024, with consequential amendments and connected pleadings as may be necessary in accordance with law.

Ratio / Principle

The amendments are to be carried out within two weeks, and the amended proceedings served on all concerned, including the newly impleaded Respondent, within two weeks thereafter, with an appropriate affidavit of service to be filed.

Key takeaways

The preliminary objection regarding jurisdiction was not decided; liberty was granted to the Judgment Debtor to agitate the jurisdictional issue at the time of hearing of the Execution Application.obiter¶21

Detailed headnote1 paragraphs

Bombay High Court (Abhay Ahuja, J.), by order dated 6 October 2025, allowed Interim Application No. 5325 of 2025 in Interim Application No. 2554 of 2025 in Commercial Execution Application No. 16 of 2023, granting the Execution Applicant (Aelea Commodities Pvt. Ltd.) leave to implead M/s Onkar Sugar and Allied Industries Private Limited as a party to the execution proceedings and to the interim application, with consequential amendments. The impleadment was sought pursuant to a full and final settlement agreement between the Execution Applicant, the proposed Respondent and the Judgment Debtor (Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd.), under which the proposed Respondent was to pay the Judgment Debtor's outstanding dues to the Execution Applicant. The amendments were directed to be carried out within two weeks, with the amended proceedings to be served on all concerned, including the newly impleaded Respondent, within two weeks thereafter, and an affidavit of service to be filed. The Judgment Debtor's preliminary objection that the Court lacked jurisdiction because the amount involved in the execution (Rs. 9 Crs.) fell below the Court's suit jurisdiction of Rs. 10 Crs. and above was not decided; liberty was granted to agitate it at the hearing of the Execution Application. No appearance was entered for the proposed Respondent despite service. No statutes or precedents were cited.

IA 2554-25 in COMEX 16-23 @ IA 5325-25.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 2554 OF 2025 IN

COMMERCIAL EXECUTION APPLICATION NO. 16 OF 2023

Aelea Commodities Pvt. Ltd. ...Applicant V/s. Shree Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. ...Respondent

WITH

INTERIM APPLICATION NO. 5325 OF 2025

Mr. Anuj Desai with Ms. Afreen Thanevala and Mr. Siddharth Samir i/b Vis Legais Practice for the Applicant.

Mr. Ahmed Padela i/b the Law Point for the Judgment Debtor.

CORAM : ABHAY AHUJA, J. DATE : 6^th OCTOBER, 2025

P.C. :

Interim Application No. 5325 of 2025

This Interim Application seeks to implead one M/s Onkar Sugar

and Allied Industries Private Limited as party to the the Commercial Execution Application.

Mr. Desai, learned Counsel appears for the Execution Applicant / Interim Applicant and submits that pursuant to a full and final settlement agreement between the Execution Applicant, the Respondent to be impleaded and the Judgment Debtor, the Respondent to be impleaded, was to make payment of the outstanding dues of the

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IA 2554-25 in COMEX 16-23 @ IA 5325-25.doc

Judgment Debtor to the Execution Applicant and that is why the said Respondent viz. M/s Onkar Sugar and Allied Industries Private Limited needs to be impleaded as a party to the execution proceedings.

None appears for the Respondent to be impleaded despite service.

Mr. Padela, learned Counsel appears for the Judgment Debtor and raises a preliminary objection on the basis of jurisdiction of this Court submitting that the amount involved in the execution is only Rs. 9 Crs. where as the suit jurisdiction of this Court is Rs. 10 Crs and above.

While this Court grants liberty to the Judgment Debtor to agitate this preliminary issue at the time of hearing of the Execution Application, after hearing the learned Counsel for the Applicant, this Court is of the view that the Interim Application be allowed in terms of prayer Clauses (a) to (c), which read thus:-

“(a) That this Hon’ble Court grant leave to the Appliant to implead M/s Onkar Sugar and Allied Industries Private Limited, as a party to the above-captioned Commercial Execution Application No. 16 of 2023 in accordance with Schedule of Amendment at Exhibit F hereto;

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IA 2554-25 in COMEX 16-23 @ IA 5325-25.doc

(b) that this Hon’ble Court grant leave to the Applicant to implead M/s Onkar Sugar and Allied Industries Private Limited, the Proposed Respondent, as a party to the abovecaptioned Interim Application No. 2554 of 2024 in accordance with Schedule of Amendment at Exhibt G hereto; (c) That this Hon’ble Court permit consequential amendments and such other connected pleadings as may be necessary, in accordance with law”.

Let the amendments be carried out within a period of two weeks and the amended proceedings be served on all concerned including the newly impleaded Respondent within a period of two weeks thereafter and an appropriate affidavit of service be filed.

The Interim Application accordingly stands allowed and disposed

as above.

(ABHAY AHUJA, J.)

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2025.10.07 13:20:44 +0530

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