Dismissed¶20

M/S. Pawan Infrastructure Thr Its Sole Proprietor Mr Dinesh Keni v. the Mapusa Urban Co-Op Bank of Goa Ltd. Thr Its Liquidator Dr. Anthony De Sa (Ias)

Bombay HC22 Dec 2025WP/511/2025

Case brief

AI extract

What is this about?

Bombay High Court at Goa; WRIT PETITION NO.511 OF 2025; Pawan Infrastructure (Dinesh Keni) v. Mapusa Urban Co-op Bank of Goa Ltd through Liquidator Dr. Anthony De Sa; execution proceeding No.464/2016; Additional District Judge-II, Merces; amount due under Award; calculation; impugned order dated 07.10.2025; judgment debtor; dismissed as withdrawn; liberty to challenge Executing Court; Valmiki Menezes, J.; decided 22nd December 2025.

What did the court decide?

Dismissed as withdrawn with directions to the Executing Court to decide the correct amount due under the Award; liberty to the parties to place on record the calculations exchanged; Petitioner free to challenge the Executing Court's orders in appropriate proceedings. ¶20

M/S. Pawan Infrastructure Thr Its Sole Proprietor Mr Dinesh Keni vs the Mapusa Urban Co-Op Bank of Goa Ltd. Thr Its Liquidator Dr. Anthony De Sa (Ias) — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶20

Issue for consideration

What is the correct amount due under the Award, i.e., whether there is any error in the calculation of the Court as recorded in the impugned order dated 07.10.2025?

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Court's answer

The sets of calculations exchanged by the parties are to be placed before the Executing Court (Additional District Judge-II, Merces) in execution proceeding No.464/2016, which shall consider them and pass appropriate orders deciding the correct amount payable by the judgment debtor and whether there is any error in the calculation recorded in the impugned order dated 07.10.2025.

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Ratio / Principle

The petition stands dismissed as withdrawn, with the said directions to the Executing Court and liberty to the parties to place on record the calculations exchanged by them.

¶20

Key takeaways

The Petitioner remains free to file appropriate proceedings to challenge any orders that may be passed by the Executing Court.ratio¶21

Detailed headnote1 paragraphs

Writ Petition No.511 of 2025 (High Court of Bombay at Goa, Valmiki Menezes, J., 22nd December 2025): M/s. Pawan Infrastructure v. The Mapusa Urban Co-op Bank of Goa Ltd (through its Liquidator). The parties disputed the correct amount due under an Award, challenging the calculation recorded in the Executing Court's (Additional District Judge-II, Merces) impugned order dated 07.10.2025 in execution proceeding No.464/2016. Having exchanged rival calculations, and since the determination lay with the Executing Court, the petitioner sought withdrawal. Held: the exchanged calculations to be placed before the Executing Court, which was to decide the correct amount payable by the judgment debtor and any error in the impugned calculation; petition dismissed as withdrawn with liberty to the parties to place the calculations on record and liberty to the petitioner to challenge the Executing Court's orders in appropriate proceedings.

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WP 511 of 2025

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Meena

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO.511 OF 2025

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M/S. PAWAN INFRASTRUCTURE THR ITS

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SOLE PROPRIETOR MR DINESH KENI Versus

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THE MAPUSA URBAN CO-OP BANK OF GOA LTD THR ITS LIQUIDATOR DR. ANTHONY DE SA (IAS)

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... PETITIONER

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... RESPONDENT

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Mr. Neelesh Takkekar with Ms. Nikhita Chopdekar and Ms. Vidhi Volvoikar, Advocates for the Petitioner. Mr J. P. Mulgaonkar, Senior Advocate with Mr. J.J. Mulgaonkar and Ms. Fauziya Pathan, Advocates for the Respondent.

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Mr Prashil Arolkar, Additional Government Advocate for the Respondent State.

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CORAM:- VALMIKI MENEZES, J. DATED :- 22nd December, 2025

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P.C.:

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The parties have exchanged calculations, which they believe are the correct calculations of the amount due under the Award. It would be appropriate that these calculations be placed before the Executing Court i.e. Additional District Judge-II at Merces, seized of execution proceeding No.464/2016 which is now listed on 26.12.2025 and the Executing Court, considering these sets of calculations, to pass appropriate orders deciding what should be the correct amount to be paid by the judgment debtor and decide whether there is any error in

Page 1 of 2

22nd December, 2025

WP 511 of 2025

calculation of the Court as recorded in the impugned order dated 07.10.2025.

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2.�Considering that these directions are given to the Executing Court, the learned Counsel for the Petitioner, on instructions, seeks to withdraw this petition.

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3.�The petition stands dismissed as withdrawn with the aforementioned directions to the Executing Court and liberty to the parties to place on record the calculations exchanged by them today.

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4.�Needless to state that the Petitioner is always free to file appropriate proceedings to challenge such orders which may be passed by the Executing Court.

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VALMIKI MENEZES, J.

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Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 23/12/2025 13:58:35

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Page 2 of 2

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22nd December, 2025

M/S. Pawan Infrastructure Thr Its Sole Proprietor Mr Dinesh Keni v. the Mapusa Urban Co-Op Bank of Goa Ltd. Thr Its Liquidator Dr. Anthony De Sa (Ias)

Case brief

What is this about?

What did the court decide?

M/S. Pawan Infrastructure Thr Its Sole Proprietor Mr Dinesh Keni v. the Mapusa Urban Co-Op Bank of Goa Ltd. Thr Its Liquidator Dr. Anthony De Sa (Ias)

Case brief

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Why is it important?

What the court decided

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Case details

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