Sunil Bhatt vs Sunil Veeru Sharma — Bombay HC (2026) — LawSathi Research

Sunil Bhatt vs Sunil Veeru Sharma — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the operation and execution of the warrant of attachment of movable property dated 8 January 2025 issued in Execution Application No. 890 of 2024 should be stayed, the Applicant contending he was wrongly impleaded as a guarantor who had not even signed any guarantee form. +1 more

Ratio / Principle

A copy of the interim application to be furnished to the learned Advocate appearing for the Execution Applicant - bank during the course of the day.

Key takeaways

On the Court's query, the Applicant's advocate was allowed time to furnish evidence relevant to whether the Applicant was a signatory as a guarantor.ratio¶18
Reply to the interim application to be filed within two weeks with a copy to the other side; rejoinder two weeks thereafter, likewise with a copy to the other side.ratio¶20
The interim application was listed for further hearing on 5 February 2026 at the request of the Applicant's advocate.

Detailed headnote1 paragraphs

IA 7785/2025 in EXA 890/2024, High Court of Bombay (Ordinary Original Civil Jurisdiction) - Coram: Abhay Ahuja, J.; order dated 07-01-2026. Execution - warrant of attachment of movable property (dated 08-01-2025) issued in Execution Application No. 890 of 2024 of AU Small Finance Bank Limited: Sunil Bhatt, impleaded as original respondent no. 2 and claiming he was wrongly cast as a guarantor who had not even signed any guarantee form, sought stay of the operation and execution of the warrant; the warrant was reported valid only until the following day and unexecuted, and the interim application had been served on the bank only at its Jaipur branch. Directions: copy of the application to the bank's advocate the same day; Court queried evidence of the Applicant's non-signature as guarantor and allowed time to furnish it; reply and rejoinder at two weeks each; matter listed for 05-02-2026. No interim stay of the warrant was granted at this sitting; no statute or precedent was cited.

12-IA-7785-2025.doc

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

INTERIM APPLICATION NO. 7785 OF 2025 IN EXECUTION APPLICATION NO. 890 OF 2024

SUNIL BHATT )...APPLICANT IN THE MATTER OF AU SMALL FINANCE BANK LIMITED )...CLAIMANT V/s. SUNIL VEERU SHARMA AND ANOTHER )...RESPONDENTS

Mr.Elvish Netto, Advocate for the Applicant in IA / Original Respondent no.2.

Mr.Suraj Gupta i/by S.G.Legal & Associates, Advocate for the Respondent in IA /Applicant in EXA.

CORAM : ABHAY AHUJA, J. DATE : 7^th JANUARY 2026

P.C. :

When the matter is called out, Mr.Elvish Netto, learned Advocate

appears for the Applicant and submits that since the Applicant has been wrongly impleaded as a guarantor who had not even signed any guarantee form, this Court may stay the operation and execution of the warrant of attachment of movable property dated 8^th January 2025 issued in the Execution Application No.890 of 2024. Mr.Netto,

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ARTI VILAS KHATATE

Digitally signed by ARTI VILASKHATATE Date: 2026.01.07 15:08:15 +0530

12-IA-7785-2025.doc

however, submits that the said warrant of attachment is valid only until tomorrow and that nobody has approached the Applicant as yet for its execution.

Mr.Suraj Gupta, learned Advocate appearing for the Execution Applicant – AU Small finance bank limited, submits that a copy of this application has been served only on Jaipur branch and not in Mumbai and that a copy be directed to be given to him.

Let a copy of the application be furnished to the learned Advocate appearing for the Execution Applicant – bank during the course of the day.

Upon a query from this Court to the learned Advocate appearing for the Applicant as to whether there is any evidence that the Applicant was not a signatory as a guarantor in the matter, Mr.Netto seeks some time to furnish the same.

5. At his request, list on 5^th February 2026 .

Let reply be filed within a period of two weeks with a copy to the other side. Rejoinder in two weeks thereafter with a copy to the other side.

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12-IA-7785-2025.doc

Let instructions with respect to the aforesaid also be taken on

behalf of the Applicant.

(ABHAY AHUJA, J.)

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