Bombay High Court
Disha Constructions vs Lok Constructions And 5 Ors And Darshan L ... on 8 October, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
906. CHSCD 1130-18 in COMEX 1341-18 @ CHSCD 5-19.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 1130 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 1341 OF 2018
Disha Constructions ...Applicant
V/s.
Lok Constructions and Ors. ...Respondent
WITH
CHAMBER SUMMONS NO. 5 OF 2019
Mr. Karl Tamboly with Ms. Kausar Banatwala and Ms. Sneha Mahawar
i/b Mr. Tushar Goradia for the Plaintiff.
Mr. D.R. Singh i/b S. H. Singh for the Respondent No.1.
Mr. Nilesh L. Makwana for the REspondent No.2.
Mr. Shubham Raj, through VC for the Respondent No.6.
CORAM : ABHAY AHUJA, J.
DATE : 8th OCTOBER, 2025 P.C. :
1. Pursuant to the order dated 10th September, 2025, today when the matter is called out, Mr. Tamboly, learned Counsel appearing for the Applicant tenders across the bar two lists of unencumbered properties, one contains the list of properties as contained in column 'J' to the Execution Application and the other list of unencumbered properties as per the affidavit of disclosure dated 12 th April, 2019 of the Respondents No. 2, 4 and 5. The said two lists are marked Exhibits 'X' and 'Y' respectively for the purpose of identification. Nikita Gadgil 1/3 ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 22:33:32 :::
906. CHSCD 1130-18 in COMEX 1341-18 @ CHSCD 5-19.doc
2. Learned Counsel submits that the award in question is of the year 2017 and there has been no stay on the award or its execution as the challenge to the award till the Hon'ble Supreme Court has failed.
3. Mr. Tamboly draws this Court's attention to prayer Clause (d) of the Chamber Summons and submits that this Court appoint the Court Receiver, High Court Bombay as Receiver of all the properties listed in the two lists tendered across the bar with full powers to sell the said properties for recovery of the amounts under the award.
4. Mr. Singh, learned Counsel appears for the Respondent No.1 and submits that one of the properties in the list has not given in the disclosure affidavit but is unable to point out which one.
5. Having heard the learned Counsel and having considered the submissions, this Court is of the view that the Court Receiver, High Court Bombay be appointed in terms of prayer Clause (d) of the Chamber Summons with respect to the list marked Exhibit-X and Exhibit-Y. Nikita Gadgil 2/3 ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 22:33:32 :::
906. CHSCD 1130-18 in COMEX 1341-18 @ CHSCD 5-19.doc
6. The Court Receiver to take possession of the afore-listed properties within a period of four weeks. Parties are directed to render all co-operation to the Court Receiver.
7. List on 10th December, 2025.
8. Let the Court Receiver place appropriate report before this Court.
9. After the order is passed, Mr. Singh, learned Counsel for the Respondent No.1 seeks stay on the order for four weeks, which is objected to by Mr. Tamboly, submitting that there is no legal ground to resist the execution as the SLP has been dismissed on 28 th January, 2019.
10. In view of the aforesaid submissions, the stay is rejected.
(ABHAY AHUJA, J.) Nikita Gadgil 3/3 ::: Uploaded on - 08/10/2025 ::: Downloaded on - 08/10/2025 22:33:32 :::