Manjeet Singh T. Anand vs Nishant Enterprises HUF Hindu Undvided Family through Its Karta Being Respondent No 2

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CPCD 10-26 in IA 5306-26 @ connected matters.doc

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

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CONTEMPT PETITION NO. 10 OF 2026 IN INTERIM APPLICATION NO. 5306 OF 2025

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Manjeet Singh Anand …Petitioner

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Vs.

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Nishant Enterprises HUF ...Respondent

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WITH COURT RECEIVER’S REPORT NO. 48 OF 2026 IN COMMERCIAL EXECUTION APPLICATION NO. 19 OF 2025 WITH CONTEMPT PETITION NO. 25 OF 2026 IN INTERIM APPLICATION NO. 5306 OF 2025

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WITH

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COMMERCIAL EXECUTION APPLICATION NO. 19 OF 2025 WITH INTERIM APPLICATION NO. 2485 OF 2024 IN

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COMMERCIAL EXECUTION APPLICATION NO. 19 OF 2025

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Mr. Shadan Farasat, Senior Advocate with Mr. Karl Tamboly, Mr. Rashmin Khandekar and Mr. Aniket worlikar for the Decree Holder / Contempt Petitioner.

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Mr. Rubin Vakil with Ms. Kausar Banatwala, Ms. Riya Thakkar, Mr. Sanjay Maji and Mr. Vinit Anam i/b Mr. Tushar Goradia and Ms. Neuty Thakkar for the Respondents.

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Ms. Naina Poojary, Master (Adm.) with Ms. E. S. D’Souza, Section Officer, Court Receiver present.

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P.C. :

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Interim Application No. 2485 of 2024

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When the matter is called out, at the outset, Mr. Farasat, learned

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Senior Counsel appearing for the Contempt Petitioner as well as the

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Nikita Gadgil 1/5

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CPCD 10-26 in IA 5306-26 @ connected matters.doc

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original Execution Applicant submits that since this Court has held that the Respondent No. 2 is a proper and necessary party against, which the SLP has been dismissed as withdrawn, this Interim Application would not survive and needs to be dismissed.

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Mr. Vakil, learned Counsel appearing for the Interim Applicant , on instructions, seeks to withdraw the Interim Application.

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The Interim Application accordingly stands disposed as withdrawn.

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Commercial Execution Application No. 19 of 2025

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In this Commercial Execution Application in which the Contempt Petition has been taken out, Mr. Farasat, learned Senior Counsel appearing for the Execution Applicant submits that although two disclosure affidavits have been filed respectively by the Respondents No. 1 and 2, the same as submitted earlier are inadequate and some time be granted to file response to the same, so that thereafter, this Court can pass appropriate orders / directions against the Respondents. Court Receiver’s Report No. 48 of 2026

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This report seeks the following directions in view of the failure on the part of the parties to identify the NA Plot in Bhiwandi, possession whereof was directed to be taken over by this Court vide order dated 8^th January, 2026:-

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Nikita Gadgil 2/5

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CPCD 10-26 in IA 5306-26 @ connected matters.doc

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(a) What steps the Court Receiver should take as the parties have failed to identify the property viz. NA plot bearing survey no. 32, Hissa No. 1/7/3/5,Hissa No. 1/3/2/3/1 and Hissa No. 1/2/3/4 situated at Bhavane Street, Bhiwandi, dist. Thane, Maharashtra – 421 302 thereby precluding the Court Receiver from taking its physical possession?

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(b) The Costs of this report maybe quantified at Rs. 5,000/and Applicant / Judgment Creditor shall be directed to deposit the same in the office of the Court Receiver within the time stipulated by this Hon’ble Court.”

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When the matter is called out, Mr. Farasat, learned Senior Counsel appearing for the Judgment Creditor / Decree Holder has submitted that the representative of the Judgment Debtor / Respondent was not in a position to identify the said plot and therefore, the Court Receiver could not take possession. Moreover, learned Senior Counsel submits that there was another Claimant, Mrs. Parvati Dalavi, who claimed that the property belongs to her. Mr. Farasat submits that, therefore, the Respondent has been in breach of the order dated 8^th January, 2026 and that this Court may pass appropriate orders.

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Mr. Vakil, learned Counsel appearing for the Judgment Debtor / Respondent No. 2 submits that within one week the Respondent No.2 will make an application for demarcation of the NA plot bearing survey no. 32, Hissa No. 1/7/3/5,Hissa No. 1/3/2/3/1 and Hissa No. 1/2/3/4 situated at Bhavane Street, Bhiwandi, Dist. Thane, Maharashtra– 421302 and that after the demarcation is done, the Court Receiver can

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Nikita Gadgil 3/5

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CPCD 10-26 in IA 5306-26 @ connected matters.doc

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take possession.

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Let the demarcation exercise be completed within a period of one month.

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Let the costs of the Court Receiver’s Report of Rs. 5,000/- be paid by the Judgment Creditor within a period of two weeks.

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In view of the aforesaid, the Court Receiver’s Report stands disposed.

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List the Contempt Petitions and the pending Applications on 22^nd July, 2026.

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After this order is passed, Mr. Farasat, learned Senior Counsel appearing for the Judgment Creditor submits that since the amounts have been outstanding for quite some time, this Court may direct the Judgment Debtor to deposit the outstanding decretal amount along with interest in this Court in a time bound manner.

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