Allowed¶22

Om Prakash Goenka v. National Stock Exchange of India Ltd.

Bombay HC18 Dec 2025IA/6761/2025

Case brief

AI extract

What is this about?

NSE v. C.M. Goenka Stock Brokers; Bombay High Court Commercial Division; Somasekhar Sundaresan J.; IA 6761/2025 in Commercial Suit 248/2022; permission to dispose of restrained personal asset; Honda City Diesel 2015; intimation of sale proceeds to plaintiff within a week; utilisation of proceeds in quarterly reports; order dated July 6, 2023 on day-to-day expenditure; IA 2571/2023 adjourned to January 20, 2026.

What did the court decide?

Permission granted to the applicant to dispose of the Honda City Diesel Car (2015) subject to conditions; Interim Application No. 6761 of 2025 finally disposed of; Interim Application No. 2571 of 2023 stood over to January 20, 2026. ¶22

Om Prakash Goenka vs National Stock Exchange of India Ltd. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the applicant (original Defendant No. 3, Om Prakash Goenka) may be permitted to dispose of his Honda City Diesel Car of the year 2015, and on what conditions.

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Court's answer

Liberty is granted to the applicant to dispose of the Honda City car, subject to providing all details of the disposal to the plaintiff and including details of utilisation of the sale proceeds in the quarterly reports on funds used for the applicant-defendant's personal day-to-day activities.

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Ratio / Principle

As a condition of the permission, the details of the disposal and realisation of sale proceeds shall be intimated to the plaintiff within a week of disposal.

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Key takeaways

As a further condition, the defendants shall include particulars of utilisation of the sale proceeds for day-to-day expenditure in their quarterly reports to the plaintiff in terms of the order dated July 6, 2023.ratio¶28

Detailed headnote1 paragraphs

Bombay High Court (Commercial Division), Somasekhar Sundaresan, J. (December 22, 2025): Allowed Interim Application No. 6761 of 2025 in Commercial Suit No. 248 of 2022 (National Stock Exchange of India Ltd v. C.M. Goenka Stock Brokers Pvt. Ltd. & Ors.). Original Defendant No. 3, Om Prakash Goenka, was granted liberty to dispose of his 2015 Honda City Diesel car, subject to (i) providing all details of the disposal to the plaintiff, (ii) intimating details of the disposal and realisation of sale proceeds to the plaintiff within a week of disposal, and (iii) including particulars of utilisation of the sale proceeds for day-to-day expenditure in the quarterly reports required under the Single Judge's order dated July 6, 2023. Interim Application No. 2571 of 2023 stood over to January 20, 2026.

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27-IA-6761-2025.doc

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

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INTERIM APPLICATION NO. 6761 OF 2025 IN

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Digitally signed by SHRADDHA SHRADDHA KAMLESH KAMLESH TALEKAR TALEKAR Date: 2025.12.24 14:09:00 +0530

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COMMERCIAL SUIT NO. 248 OF 2022

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Om Prakash Goenka ...Applicant / Org. Def No. 3

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In the matter between :

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National Stock Exchange of India Ltd ..Plaintiff Versus C.M. Goenka Stock Brokers Pvt. Ltd. & 2 Ors. ...Defendants

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...Defendants

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WITH INTERIM APPLICATION NO. 2571 OF 2023 IN COMMERCIAL SUIT NO. 248 OF 2022

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Ms. Ashmita Goradia a/w. Adv. Pripanka Dadpe i/b Agam Doshi for Applicant /in IA-6761-2025 and for Defendant in IA-25712023.

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Mr. Rishab Murali a/w. Mr. Mayur Bhojwani, Ms. Dhamini Nagpal, Ms. Rutvi Soni i/b Manilal Kher Ambalal & Co., for Plaintiff-NSE.

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CORAM : SOMASEKHAR SUNDARESAN, J. Date : December 22, 2025

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ORDER :

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Interim Application No. 6761 of 2025 seeks permission to

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dispose of a Honda City Diesel Car of the year 2015, particulars of which

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Page 1 of 3 December 22, 2025

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Shraddha

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27-IA-6761-2025.doc

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are set out in paragraph 1 of the application. Learned advocate for the applicant points to the order of the learned Single Judge dated July 6, 2023, in particular, paragraphs 16 and 17 thereof, which permits expenditure for day-to-day personal requirements, and for the Defendants to submit the details of utilisation of their personal funds for day-to-day activities every three months.

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Considering the nature of the asset sought to be sold and its potential value today, liberty is granted to the applicant to dispose of the Honda City car, subject to providing all details of the same to the plaintiff, and for including details of utilisation of the proceeds of such sale, in the quarterly reports on how the funds are utilised for the personal day-to-day activities of the applicant-defendant.

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With the aforesaid conditions, the application is allowed in the following terms:

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a) The car may be disposed of;

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b) The details of the disposal and realisation of sale proceeds shall be intimated to the plaintiff within a week of disposal; and

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Page 2 of 3 December 22, 2025

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Shraddha

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27-IA-6761-2025.doc

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c) The defendants shall include the particulars of utilisation of such amounts of sale proceeds for their day-to-day expenditure in the course of their quarterly reports to the plaintiff in terms of the order dated July 6, 2023.

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