Aviant Industries vs Pratishna Engineers — Bombay HC (2026) — LawSathi Research

Aviant Industries vs Pratishna Engineers — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 1303 of 2026 stands allowed and disposed: four legal heirs of the deceased Judgment Debtor No.2 brought on record, with amendment within two weeks and service of amended proceedings within a week thereafter with affidavit of service; Interim Application No. 195 of 2026: reply within three weeks, rejoinder two weeks thereafter, listing on 30 June 2026, all conditional on removal of objections and obtaining the registered number for the Commercial Execution Application within two weeks, failing which the Execution Application and connected Interim Applications to stand dismissed.

Issue for consideration

Whether the legal heirs of the deceased Judgment Debtor No.2 (Defendant No.2) may be brought on record (Interim Application No. 1303 of 2026). +2 more

Court's answer

The Court allowed four legal heirs of the deceased Defendant No.2 - Mrs. Mansi Hrishikesh Shah, Master Krish Hrishikesh Shah, Master Reyaansh Hrishikesh Shah and Mrs. Jayshree Bharat Shah - to be brought on record.

Ratio / Principle

Amendments to bring the legal heirs on record to be carried out within a period of two weeks.

Key takeaways

Amended proceedings to be served within a week thereafter and an appropriate affidavit of service to be filed.ratio¶4
Objections to be removed and the registered number obtained for the Commercial Execution Application (currently on lodging number) within a period of two weeks.ratio¶7
Failure to remove objections and obtain the registered number within two weeks would result in the Commercial Execution Application and the connected Interim Applications standing dismissed without further reference to the Court.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J., 21 April 2026 - Interim Applications Nos. 195 and 1303 of 2026 in Commercial Execution Application (L) No. 23214 of 2025 (Aviant Industries, Applicant/Judgment Creditor v. Pratishna Engineers & Ors.): (i) IA 1303/2026 allowed and disposed - four legal heirs of the deceased Judgment Debtor/Defendant No.2 (Mrs. Mansi Hrishikesh Shah, Master Krish Hrishikesh Shah, Master Reyaansh Hrishikesh Shah, Mrs. Jayshree Bharat Shah) permitted to be brought on record; amendments within two weeks, amended proceedings to be served within a week thereafter with affidavit of service. (ii) The Execution Application was observed to be on lodging number - objections to be removed and registered number obtained within two weeks, failing which the Commercial Execution Application and connected Interim Applications to stand dismissed without further reference to the Court. (iii) Reply to IA 195/2026 within three weeks and rejoinder within two weeks thereafter (copies to the other side); matter listed on 30th June, 2026, subject to registration.

IA 195-26 in COMEXL 23214-25 @ IA 1303-26.doc

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

INTERIM APPLICATION NO. 195 OF 2026 IN

COMMERCIAL EXECUTION APPLICATION (L) NO. 23214 OF 2025

Aviant Industries

...Applicant

Vs.

Pratishna Engineers & Ors. ...Respondents

WITH

INTERIM APPLICATION NO. 1303 OF 2026

Mr. Aditya Udeshi with Mr. Rahul Sanghvi i/b Sanjay Udeshi & Co. for the Applicants/Judgment Creditors.

Mr. Shanay Shah with Ms. Mansi Chedda and Ms. Vidhi Mandowara i/b Cyril Amarchand Mangaldas for the Respondent No.3.

CORAM : ABHAY AHUJA, J. DATE : 21^st APRIL, 2026

P.C. :

Interim Application No. 1303 of 2026

When the matter is called out, Mr. Udeshi, learned Counsel appearing for the Applicant submits that although this Application is to bring one legal heir of the deceased Judgment Debtor No.2 on record, however, just now Mr. Shanay Shah, learned Counsel appearing for the Judgment Debtor has furnished details of three other legal heirs of the deceased Defendant No.2 and that this Court may permit bringing all the legal heirs of the deceased Judgment Debtor No.2 on record.

Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2026.04.21 21:08:30 +0530

Mr. Shah, learned Counsel appears for the Respondent No.3 and submits that they would be appearing for all the legal heirs of the

Nikita Gadgil 1/3

IA 195-26 in COMEXL 23214-25 @ IA 1303-26.doc

deceased Defendant No.2 and therefore, this Application to bring the legal heirs of the deceased Judgment Debtor No. 2 may be allowed.

Having heard the learned Counsel and having considered the submissions, this Court allows the following legal heirs of the deceased Defendant No.2 to be brought on record:-

(i) Mrs. Mansi Hrishikesh Shah

(ii) Master Krish Hrishikesh Shah

(iii)Master Reyaansh Hrishikesh Shah

(iv)Mrs. Jayshree Bharat Shah

Let the amendments be carried out within a period of two weeks

and the amended proceedings be served in a week thereafter and an appropriate affidavit of service be filed.

The Interim Application accordingly stands allowed and disposed as above.

Interim Application No. 195 of 2026

Mr. Shah, learned Counsel appearing for the Respondent seeks some time to file reply to the same.

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IA 195-26 in COMEXL 23214-25 @ IA 1303-26.doc

It is observed that the Execution Application is on lodging number. Let objections be removed and registered number be obtained within a period of two weeks, failing which the Commercial Execution Application as well as the connected Interim Applications to stand dismissed without further reference to the Court.

Subject to the above, let reply be filed within a period of three weeks with copy to the other side. Rejoinder in two weeks thereafter with copy to the other side.

Also subject to the above, list on 30^th June, 2026.

(ABHAY AHUJA, J.)

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