M K Enterprises vs Sabina Lakdawala — Bombay HC (2026) — LawSathi Research

M K Enterprises vs Sabina Lakdawala — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Composite order: IA 1050/2026 disposed of in terms of consent directions for computation and payment of GST out of the deposited license fees; IA(L) 10694/2026, IA 4053/2025 and IA 4857/2025 disposed of as withdrawn; IA 4041/2025 disposed of with no order as to costs on Defendant no. 1's accepted statement; affidavit directions in IA 812/2026 and IA 5154/2025 (filings by 27 April 2026, with instructions on refund of Rs. 98 lakhs @9% p.a.); reply/rejoinder timelines set for IA 510/2026 (listed 15 June 2026) and Court Receiver Report No. 146 of 2026 (listed 28 April 2026); IA 1156/2026 to be heard with IA 5154/2025 on 28 April 2026.

Issue for consideration

Whether Defendant no. 1 has complied with the order dated 1 August 2023 by furnishing the requisite title documents in respect of all 31 properties in his custody, so that the merchant valuer can complete the valuation exercise (raised via IA 4041/2025). +4 more

Court's answer

IA 4041/2025: statement of Defendant no. 1 accepted — he has disclosed all documents in his custody in Interim Application No. 5317 of 2025, and if he identifies and/or locates any other documents he shall file them before the Court Receiver no later than 4 May 2026.

Ratio / Principle

IA 5317/2025: Reply dated 18 March 2026 filed on behalf of Defendant no. 4 taken on record.

Key takeaways

IA 812/2026: Applicant (M. K. Enterprises) directed to file an affidavit placing on record all documentation executed and entered into between the deceased and the Applicant in respect of the six flats, including details of amounts received; affidavit to be filed and served on the parties on or before 27 April 2026.ratio¶81
IA 812/2026: In the meantime, the Applicant to take instructions regarding refund of the amount of Rs. 98 lakhs together with interest thereon @9% per annum from the date of receipt till date.ratio¶85

Detailed headnote1 paragraphs

High Court of Judicature at Bombay, OOCJ (Farhan P. Dubash J.), order dated 20 April 2026 in Suit No. 491 of 2023, Sabina Lakdawala v. Feroz Lakdawala & Ors., with ten interim applications and Court Receiver Report No. 146 of 2026. (i) IA 1050/2026 (Defendant nos. 1-2): by consent, the Prothonotary and Senior Master to compute GST due under the leave and license agreement dated 4 July 2022 — license fees for Empire House, Shah Industrial Estate deposited by Future Works Media Limited pursuant to order dated 5 December 2024 are GST-inclusive — pay the GST Authorities within statutory timelines, compute and pay arrears prior to April 2025, and pay all outstanding GST till 31 March 2026 on or before 5 May 2026 out of the deposited license fees; application disposed of in terms. (ii) IA 812/2026 (M. K. Enterprises, Intervener/Applicant): affidavit by 27 April 2026 of all documentation executed with the deceased in respect of six flats including amounts received; instructions to be taken on refund of Rs. 98 lakhs with interest @9% p.a.; listed 28 April 2026. (iii) IA 5154/2025 (Heath View Holiday Resorts Limited, intervener): outstanding interest of Rs. 8,60,02,715/- due to the deceased as on 31 March 2025 disclosed; further affidavit of exact interest as on 31 March 2026 with transaction particulars/documentation by 27 April 2026; to be heard with IA 1156/2026 on 28 April 2026. (iv) IA 4041/2025: disposed of with no order as to costs on the accepted statement of Defendant no. 1 that all documents in his custody are disclosed in IA 5317/2025 and any others will be filed before the Court Receiver by 4 May 2026 (grievance was non-furnishing of title documents for some of 31 properties, stalling the merchant valuer appointed by order dated 1 August 2023). (v) IA(L) 10694/2026, IA 4053/2025 and IA 4857/2025 (Sama Achwa) disposed of as withdrawn. (vi) IA 5317/2025: Defendant no. 4's reply dated 18 March 2026 taken on record. (vii) IA 510/2026 (amendment of plaint): replies within two weeks, rejoinder two weeks thereafter, listed 15 June 2026. (viii) Court Receiver Report No. 146 of 2026: replies by 27 April 2026, listed 28 April 2026.

S/491/2023 Sabina vs. Feroz & Ors.

JYOTIPRAKASH Digitallysigned byJYOTIPRAKASHPAWAR PAWAR Date:2026.04.2215:18:21+0530

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

SUIT NO. 491 OF 2023

Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala And 8 Ors. .. Defendants

WITH

INTERIM APPLICATION (L) NO. 10694 OF 2026 IN SUIT NO. 491 OF 2023 Sabina Lakdawala .. Applicant In the matter between: Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants

WITH INTERIM APPLICATION NO. 4041 OF 2025

IN

SUIT NO. 491 OF 2023 Sabina Lakdawala .. Applicant In the matter between: Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants WITH INTERIM APPLICATION NO. 1156 OF 2026 IN SUIT NO. 491 OF 2023 Sabina Lakdawala .. Applicant In the matter between: Sabina Lakdawala .. Plaintiff V/s.

Page 1 of 11

------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

Defendants

Feroz Lakdawala & Ors.

WITH

INTERIM APPLICATION NO. 1157 OF 2026

IN

SUIT NO. 491 OF 2023

WITH

INTERIM APPLICATION NO. 1050 OF 2026

IN

SUIT NO. 491 OF 2023

Feroz Lakdawala & Anr. .. Applicants In the matter between: Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants

WITH

INTERIM APPLICATION NO. 5043 OF 2025

IN

SUIT NO. 491 OF 2023

WITH INTERIM APPLICATION NO. 812 OF 2026 IN SUIT NO. 491 OF 2023 M. K. Enterprises .. Intervener/Applicant In the matter between: Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants

WITH

INTERIM APPLICATION NO. 4053 OF 2025

IN

SUIT NO. 491 OF 2023

Sabina Lakdawala .. Applicant In the matter between:

Page 2 of 11

------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants

WITH

INTERIM APPLICATION NO. 4857 OF 2025

Sama Achwa
d/o late Yusuf M. Lakdawala	.. Applicant
In the matter between:
Sabina Lakdawala	.. Plaintiff
V/s.
Feroz Lakdawala & Ors.	.. Defendants

WITH

INTERIM APPLICATION NO. 4858 OF 2025

WITH

INTERIM APPLICATION NO. 5317 OF 2025

IN

SUIT NO. 491 OF 2023

Feroz Lakdawala & Anr. .. Applicants In the matter between: Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants

WITH INTERIM APPLICATION NO. 510 OF 2026

IN

SUIT NO. 491 OF 2023 Sabina Lakdawala .. Applicant In the matter between: Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants

WITH

INTERIM APPLICATION NO. 5154 OF 2025

Page 3 of 11

------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

IN

SUIT NO. 491 OF 2023

Heath View Holiday Resorts Limited .. Applicant In the matter between: Sabina Lakdawala .. Plaintiff V/s. Feroz Lakdawala & Ors. .. Defendants

WITH

COURT RECEIVER REPORT NO. 146 OF 2026

IN

SUIT NO. 491 OF 2023

Mr. Mathews Nedumpara (through VC) a/w Ms. Hemali Merva a/w Mr. Dayanand Hebballi for Plaintiff and Applicant in IAL/10694/2026 and IA/4857/2025.

Mr. Shiraz Rustomjee, Senior Advocate a/w Mr. Shanay Shah, Mr. Mustafa Bohra, Ms. Divya Raut and Ms. Shruti Mehta i/b M/s. Solomon & Co. for Defendant nos. 1, 2, 5 to 7 and Applicant in IA/1050/2026.

Mr. Karl Tamboly a/w Mr. Nitesh Ranavat, Mr. Aashdin Chivalwala and Mr. Vedant Joshi i/b Wadia Ghandy & Co. for Applicant in IA/5154/2025.

Mr. Meiron Damania a/w Mr. Dhruv B. Jain i/b Mr. Dhruv B. Jain for Applicant in IA/812/2026.

Mr. Mutahhar Khan i/b Mohamed Rehan Chhapra for Defendant no. 3 and for Applicant in IA/5043/2025 AND IA/4858/2025.

Mr. Chandra Naik a/w Mr. Vinod Sakpal and Ms. Shrutika Pawar for Defendant no. 4.

Ms. Rucha Ambekar , Master (Adm), Court Receiver a/w V. N. Worlikar – Section Officer, Office of the Court Receiver is present.

CORAM : FARHAN P. DUBASH, J.

DATE : 20^th APRIL 2026

P.C.:

INTERIM APPLICATION NO. 5317 OF 2025

Mr. Chandra Naik, learned Counsel who appears on behalf of

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------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

Defendant no. 4, files his Reply dated 18^th March 2026. The same is taken on record.

INTERIM APPLICATION NO. 812 OF 2026

The Applicant is directed to file an Affidavit placing on record all documentation that has been executed and entered into between the deceased and the Applicant in respect of the six flats, including the details of any amounts that may have been received by them pursuant thereto.

Let this Affidavit be filed and served on the parties, on or before 27^th April 2026.

Place the Interim Application for further consideration on 28^th

April 2026 .

In the meantime, the Applicant shall also take instructions regarding the refund of the said amount of Rs. 98 lakhs together with interest thereon @9% per annum from the date of receipt till today.

INTERIM APPLICATION NO. 1050 OF 2026

The present Interim Application has been preferred by the Applicants, who are Defendant nos. 1 and 2.

By this Interim Application, the Applicants seeks an order directing the Prothonotary and Senior Master of this Court to make payment of a sum of Rs. 6,48,000/- towards GST for the period between April-2025 to June-2025. The Applicants also rely on the Show Cause Notice dated 16^th

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------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

October 2025 issued by the GST Authority, which was issued for the imposition of penalty for non payment of this amount.

All parties agree that license fees in respect of the property at Empire House in Shah Industrial Estate is being deposited by Future Works Media Limited before the Prothonotary and Senior Master of this Court pursuant to order dated 5^th December 2024.

All parties also agree that, under the leave and license agreement that is executed with Future Works Media Limited, the license fee that is being paid by the licensee is inclusive of GST. Therefore, GST would have to be deducted from the amount of license fees that is being received by the Prothonotary and Senior Master of this Court and the requisite payment is required to be made to the GST Authorities on a periodic basis.

Though the present Interim Application seeks payment of a sum of Rs. 6,48,000/- in respect of the period April-2025 to June-2025, such deposit will also have to be made for the period post June-2025 in respect of license fees that is being deposited before the Prothonotary and Senior Master of this Court.

Considering this, by consent of all parties, the following order is passed:

::ORDER::

(i) The Prothonotary and Senior Master of this Court shall

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------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

forthwith compute the amount of GST that is due and payable under the leave and license agreement dated 4^th July 2022.

(ii) The Prothonotary and Senior Master of this Court shall thereafter make payment of this GST amount to the concerned Authorities as expeditiously as possible and in any event within the timelines prescribed under the statute.

(iii) The Prothonotary and Senior Master of this Court shall also compute the GST that is outstanding, if any, for the period prior to April-2025 and thereafter make such payment to the GST Authorities.

(iv) The Prothonotary and Senior Master of this Court shall endeavour to make payment of all outstanding GST that is due and payable till 31^st March 2026, on or before 5^th May 2026. Such payment shall be made from the license fees that are lying deposited with the Prothonotary and Senior Master of this Court.

(v) All parties will extend full cooperation with the Prothonotary and Senior Master of this Court in this regard. Liberty to apply.

(vi) The present Interim Application is disposed of in terms of

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------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

this order.

INTERIM APPLICATION (L) NO. 10694 OF 2026

Mr. Mathews Nedumpara, learned Counsel appearing on behalf

of the Applicant, on instructions, seeks leave to withdraw the present Interim Application.

Accordingly, the present Interim Application is disposed of as withdrawn.

INTERIM APPLICATION NO. 4041 OF 2025

This Interim Application has been preferred on 9^th November 2023 by the Plaintiff, seeking directions against the Defendants, in particular Defendant no. 1, to comply with the order dated 1^st August 2023. The main grievance of the Applicant in this Interim Application is that Defendant no. 1 has failed to comply with the order dated 1^st August 2023, inasmuch as he has not furnished the requisite title documents in respect of some of the 31 properties which are in his custody. As a result, the merchant valuer, who was appointed vide order dated 1^st August 2023 has been unable to undertake and complete the exercise of valuing the said properties.

Mr. Shiraz Rustomjee, learned Senior Counsel who appears on behalf of Defendant no. 1, states that Defendant no. 1 has disclosed all the documents that are in his custody in Interim Application No. 5317 of 2025. He further states that, if for some reason Defendant no. 1 is in a position to

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------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

identify and/or locate any other documents, he shall file all such documents before the Court Receiver no later than 4^th May 2026. The statement is accepted.

Mr. Nedumpara, learned Counsel who appears on behalf of the Applicant, states that, considering the above statement, the present Interim Application be disposed of accordingly.

Accordingly, the Interim Application is disposed of with no order

as to costs.

INTERIM APPLICATION NO. 5154 OF 2025

This Interim Application has been preferred by an Intervener. Mr. Tamboly, learned Counsel who appears on behalf of the Applicant in this Intervention Application, submits that the total outstanding interest as on 31^st March 2025 that is due and payable by the Applicant to the deceased amounts to Rs. 8,60,02,715/-. This Court directs the Applicant to file a further Affidavit disclosing the exact amount of interest that would be payable as on 31^st March 2026. In addition, the Intervener shall also disclose all particulars and place on record all the necessary documentation that may have been executed/entered into between the deceased and the Applicant with respect to the transaction (of loan or otherwise) under which the said amount of interest is stated to be outstanding. This Affidavit shall be filed and served, on or before 27^th April 2026.

Page 9 of 11 ------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

The Interim Application No. 1156 of 2026 will thereafter be

heard together with Interim Application No. 5154 of 2025 on 28^th April 2026 .

INTERIM APPLICATION NO. 4053 OF 2025 AND INTERIM APPLICATION

NO. 4857 OF 2025

Mr. Nedumpara, learned Counsel who appears on behalf of the Applicant states that, in light of subsequent events and orders passed by this Court in various proceedings that have been taken out by various parties after the filing of this Interim Application, the reliefs in this Interim Application no longer survive.

Considering this, Mr. Nedumpara seeks leave to withdraw the present Interim Application and accordingly the said Interim Application is disposed of as withdrawn.

INTERIM APPLICATION NO. 510 OF 2026

The present Interim Application has been preferred by the Applicant for amendment of the plaint. The parties shall file and serve their Reply to the Interim Application within two weeks. Rejoinder, thereto, shall be filed and served within two weeks thereafter.

Place the Interim Application for further consideration on 15^th

June 2026 .

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------------------------------------Order dated 20^th April 2026

S/491/2023 Sabina vs. Feroz & Ors.

COURT RECEIVER REPORT NO. 146 OF 2026

The parties shall file their Replies to the present Court Receiver’s

Report, on or before 27^th April 2026.

Place the Court Receiver Report on 28^th April 2026 for further

consideration.

( FARHAN P. DUBASH, J. )

Shubham Gadhavepatil

Page 11 of 11

------------------------------------Order dated 20^th April 2026

Issues for consideration

5 issues framed by the court

AI extract

1.
Whether Defendant no. 1 has complied with the order dated 1 August 2023 by furnishing the requisite title documents in respect of all 31 properties in his custody, so that the merchant valuer can complete the valuation exercise (raised via IA 4041/2025).¶117
The court held
IA 4041/2025: statement of Defendant no. 1 accepted — he has disclosed all documents in his custody in Interim Application No. 5317 of 2025, and if he identifies and/or locates any other documents he shall file them before the Court Receiver no later than 4 May 2026.ratio¶122
2.
Payment of GST — including Rs. 6,48,000/- for April 2025 to June 2025 and for periods post June 2025 — out of the license fees deposited with the Prothonotary and Senior Master (IA 1050/2026).¶88
The court held
IA 1050/2026 (by consent of all parties): Prothonotary and Senior Master to forthwith compute the amount of GST due and payable under the leave and license agreement dated 4 July 2022.ratio¶102
3.
Exact amount of interest due and payable by the intervener (Heath View Holiday Resorts Limited) to the deceased as on 31 March 2026, and particulars/documentation of the underlying transaction (IA 5154/2025, to be heard with IA 1156/2026).¶127
The court held
IA 5154/2025: Applicant (intervener) directed to file a further affidavit disclosing the exact amount of interest payable as on 31 March 2026 and to disclose all particulars and place on record all necessary documentation of the transaction(s) (of loan or otherwise) with the deceased under which the stated interest is outstanding; affidavit to be filed and served on or before 27 April 2026.ratio¶127
4.
Amendment of plaint sought by the Plaintiff (IA 510/2026).¶137
The court held
IA 510/2026 (amendment of plaint): parties to file and serve their Replies within two weeks and rejoinders within two weeks thereafter; listed for further consideration on 15 June 2026.ratio¶137
5.
Documentation executed and entered into between the deceased and M. K. Enterprises in respect of the six flats, amounts received thereunder, and refund of Rs. 98 lakhs with interest (IA 812/2026).¶81
The court held
IA 812/2026: Applicant (M. K. Enterprises) directed to file an affidavit placing on record all documentation executed and entered into between the deceased and the Applicant in respect of the six flats, including details of amounts received; affidavit to be filed and served on the parties on or before 27 April 2026.ratio¶81