Bombay High Court
Sbi Global Factors Ltd vs Rayalseema Commodities Ltd on 20 November, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
44-IA-4896-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
by KANCHAN
KANCHAN PRASHANT ORDINARY ORIGINAL CIVIL JURISDICTION
PRASHANT DHURI
DHURI Date:
2025.11.21 INTERIM APPLICATION NO. 4896 OF 2025
11:02:52 +0530
IN
EXECUTION APPLICATION (L) NO. 34021 OF 2024
SBI Global Factors Ltd ... Applicant
Versus
Rayalseema Commodities Ltd. and another ... Respondents
WITH
INTERIM APPLICATION NO. 4936 OF 2025
IN
EXECUTION APPLICATION (L) NO. 34021 OF 2024
............
Mr. Ashish Mehta alongwith Mr. Yogendra Kanchan and Mr. Akash
Thakur instructed by Rajdatt Kakde, Advocate for the Applicant.
Mr. Soutrik Kar alongwith Mr. Harshad Shingnapurkar instructed by HN
Associates, Advocate for the Respondent No.2.
............
CORAM : ABHAY AHUJA, J.
DATE : 20 NOVEMBER 2025
P.C. :
Interim Application No.4896 of 2025 :
1. This Interim Application seeks restoration of Execution Application (L) No. 34021 of 2024 that came to be dismissed for non- removal of office objections.
2. Mr. Mehta, learned Counsel, appears for the Applicant and submits that since there was a change of Advocates, there has been a Kanchan Dhuri 1/3 ::: Uploaded on - 21/11/2025 ::: Downloaded on - 21/11/2025 22:50:02 ::: 44-IA-4896-2025.doc delay of 76 days in filing the Application for restoration and that this Court may condone the delay in view of the reasons stated in paragraphs 4 to 7 of the Application.
3. Mr. Mehta submits that all the Respondents have been served and an Affidavit of service dated 11 th September 2025 has also been filed.
4. Mr. Soutrik Kar, learned Counsel, appearing for the Respondent No.2 submits that against the arbitral award that was under execution, a Petition under Section 34 of the Arbitration and Conciliation Act, 1996 has been filed which is listed on 24 th November 2025, although there is no stay to the execution of the award. As regards the present application, Mr. Kar, submits to the orders of this Court.
5. None appears for the other Respondents though served.
6. Having heard the learned Counsel for the Applicant and having considered the submissions, this Court is of the view that the delay be condoned and the Interim Application be allowed, subject however to payment of costs.
7. Let the Execution Application alongwith the pending Applications be restored to file, subject to payment of costs of Rs.15,000/- to the Bombay Panjrapole within a period of two weeks. Kanchan Dhuri 2/3 ::: Uploaded on - 21/11/2025 ::: Downloaded on - 21/11/2025 22:50:02 :::
44-IA-4896-2025.doc
8. Subject to the above, the Interim Application is allowed in terms of prayer clauses (a) and (b), which read thus :
(a) That this Hon'ble Court be pleased to condone the delay of 76 days in filing the present Interim Application for Restoration if any.
(b) That this Hon'ble Court may be pleased to restore back execution application and also extend the time for removal of office objections for a period of 4 (four) weeks and restore the captioned execution application, all pending Applications therein back to the file of this Hon'ble Court.
9. Let the objections to the Execution Application and the Pending Applications be removed and registered number be obtained as above, from the date of payment of the costs.
10. Interim Application stands allowed and disposed as above.
11. Subject to the above, list the Execution Application alongwith the pending Applications on 15th January 2026.
(ABHAY AHUJA, J.) Kanchan Dhuri 3/3 ::: Uploaded on - 21/11/2025 ::: Downloaded on - 21/11/2025 22:50:02 :::