Abhishek Dilip Karangutkar v. Sarah Enterprises
Case brief
What is this about?
Bombay HC (OOCJ), Rajesh S. Patil J., 20.02.2026 (corr. 23.03.2026): IA 3038/2025 & allied IAs (3718, 4011, 30196-L of 2025) in EXA 276/2019 — Karangutkar & anr. v. Sarah Enterprises & anr. Legal heirs of deceased Decree Holder brought on record; delay condoned; re-verification dispensed. Section 9, Arbitration & Conciliation Act 1996 application disposed by consent; Award dt. 22.12.2017. Sankalpsiddhi Co-op Hsg Society redevelopment; alternate premises 225 sq.ft. + 75 sq.ft. for Rs.1,25,000 (Rs.12,500 paid; balance 18 x Rs.6,250). No affidavit of service; none appears for Judgment Debtor (reported absconding); bailable warrant Rs.50,000 vs JD-2/R-2 Sadik S. Ratansi, ret. 23.03.2026; police to secure presence; additional affidavits on tenant possessions & saleable flats; stand over 23.03.2026.
What did the court decide?
Legal heirs of the deceased Decree Holder brought on record: I.A.(L) Nos. 3718 and 4011 of 2025 allowed in terms of prayer clauses (a) and (a-1) (delay in filing condoned), amendment forthwith; I.A.(L) No. 30196 of 2025 allowed in terms of prayer clauses (a) and (b), amendment within two weeks; re-verification dispensed with in both. In Execution Application No. 276 of 2019: Decree Holder to tender the Affidavit of service on the next date; bailable warrant for Rs. 50,000/- issued against Judgment Debtor No. 2/Respondent No. 2 Sadik S. Ratansi, returnable 23.03.2026, to be executed by the Senior Police Inspector of the concerned Police Station; both counsel to file additional affidavits on construction, tenant possessions and saleable flats; matter stood over to 23.03.2026.