Mangla Amit Builders Pvt. Ltd. vs Vinay Fabrics Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

Mangla Amit Builders Pvt. Ltd. vs Vinay Fabrics Pvt. Ltd. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

No final relief decided at this stage. The Court accepted the Respondents' without-prejudice undertaking to earmark 12,000 sq.ft. of commercial units in Umed Heights, Jodhpur, Rajasthan to secure the Applicants; directed that the earmarking be done and communicated to the Plaintiffs by the end of the following day; allowed two weeks for reply and a further two weeks for rejoinder; deferred the disclosure issue to the next date; and listed the matter on 1 April 2026 along with the Summons for Judgment.

Issue for consideration

Whether the Respondents/Defendants must disclose their assets so that the assets available to the Plaintiffs for recovery of the amounts claimed can be identified (prayer clause (a)). +1 more

Court's answer

The Court deferred consideration of the issue of disclosures by the Respondents to the next date (the sentence concludes in the succeeding paragraph with the words 'next date').

Ratio / Principle

The Court accepted the Respondents' statement, made on instructions and without prejudice to their rights and contentions, that 12,000 sq.ft. area of the commercial units in Umed Heights, Jodhpur, Rajasthan will be earmarked to secure the Applicants.

Detailed headnote1 paragraphs

Interim Application No. 746 of 2026 in Commercial Summary Suit No. 1 of 2025 (Mangla Amit Builders Pvt. Ltd. v. Vinay Fabrics Private Limited and Others), Commercial Division, High Court of Judicature at Bombay (Abhay Ahuja, J.), 18 February 2026. The Applicant/Original Plaintiff pressed prayer clause (a) seeking disclosure of the Respondents'/Defendants' assets and attachment of their unencumbered movable and immovable assets, stating (per RERA information) that 139 of 167 commercial units had already been sold. The Respondents, on instructions and without prejudice, stated that 12,000 sq.ft. of the commercial units in Umed Heights, Jodhpur, Rajasthan would be earmarked to secure the Applicants; the Court accepted the statement, directed communication of the earmarking to the Plaintiffs by the end of the next day, allowed two weeks for reply and two weeks thereafter for rejoinder, deferred the disclosure issue to the next date, and listed the matter on 1 April 2026 along with the Summons for Judgment.

31-IA-746-2026.doc

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

INTERIM APPLICATION NO. 746 OF 2026 IN COMMERCIAL SUMMARY SUIT NO. 1 OF 2025

MANGLA AMIT BUILDERS PVT. LTD. )...APPLICANT

V/s.

VINAY FABRICS PRIVATE LIMITED AND OTHERS )...RESPONDENTS

Mr.Amit Patil a/w. Mr.Mittal Munoth and Ms.Anushka Jain, Advocate for the Applicant / Original Plaintiff.

Mr.Sumeet Nankani a/w. Mr.Devakinandan Singh, Ms.Trisha Rathi i/by Mr.Nikhil Rungta, Advocate for the Respondents / Original Defendants.

CORAM : ABHAY AHUJA, J. DATE : 18^th FEBRUARY 2026

P.C. :

Mr.Amit Patil, learned Counsel, appears for the

ARTI VILAS KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2026.02.18 19:29:59 +0530

Applicant/Original Plaintiff and presses for prayer clause (a) submitting that unless the assets are disclosed by the Respondents/Defendants, it would not be known as to what assets are available to the Plaintiffs for recovery of the amounts claimed, in the event this Court decrees the Suit in favour of the Plaintiffs. Mr.Patil submits that out of 167 commercial units, 139 units have already been sold by the Defendants avk 1/3

31-IA-746-2026.doc

as per the information available with the Real Estate (Regulation and Development) Authority (RERA). That, unless this Court not only directs disclosure but also attachment of the unencumbered movable and immovable assets of the Respondents, there would hardly be any security available to pay for the amounts due, in the event the Suit is decreed.

Mr.Sumeet Nankani, learned Counsel appearing for the Respondents/Original Defendants, submits that some time be granted to file a reply to the application, however, submitting on instructions, without prejudice to the rights and contentions of the Respondents, that 12,000 sq.ft. area of the commercial units in Umed Heights, Jodhpur, Rajasthan, will be earmarked to secure the Applicants. The statement is accepted.

Let the earmarking be done and a communication to that effect be addressed to the Plaintiffs by the end of the day tomorrow. 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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31-IA-746-2026.doc

The issue with respect to disclosures will be considered on the

next date.

List on 1^st April 2026 along with the Summons for Judgment.

(ABHAY AHUJA, J.)

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