Bombay High Court
Disha Constructions vs Lok Constructions And 5 Ors And Darshan L ... on 30 July, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
47-CHSCD-1130-2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
CHAMBER SUMMONS NO. 1130 OF 2018
IN
COMMERCIAL EXECUTION APPLICATION NO. 1341 OF 2018
Disha Constructions ... Applicant
Versus
Lok Constructions and others ... Respondents
WITH
CHAMBER SUMMONS NO. 5 OF 2019
IN
COMMERCIAL EXECUTION APPLICATION NO. 1341 OF 2018
............
Mr. Karl Tamboly alongwith Ms. Kausar Banatwala, Advocates for the
Applicant.
Mr. Dhaval Poriya instructed by Vimadalal & Co., Advocate for the
proposed Respondent No.5A.
............
CORAM : ABHAY AHUJA, J.
DATE : 30 JULY 2025 P.C. :
1. When the matter is called out, Mr. Tamboly, learned Counsel appearing for the Awardholder/Claimant submits that Respondents No.1 to 4 who are not represented today, have not complied with the order dated 25th November 2024. That no additional Affidavit of disclosure has been filed on their behalf till date. That although there is an injunction against the Respondents not to deal with or dispose of their shares, mutual fund units and plots, this Court may direct issuance of the warrants of attachment in respect of the said properties. Kanchan Dhuri 1/2 ::: Uploaded on - 30/07/2025 ::: Downloaded on - 31/07/2025 21:55:49 :::
47-CHSCD-1130-2018.doc
2. None appears for the Respondents No.1 to 4 on call. It also does not appear that the Respondents No.1 to 4 have filed Affidavits of disclosure as was directed by order dated 25th November 2024. Accordingly this Court is inclined to direct the Execution Department to issue warrants of attachment with respect to the shares, mutual fund units and plots referred to in the said order. Directed accordingly.
3. Let the restraint contained in paragraph 4(vi) (to be read as
(iv)) continue until further orders.
4. Mr. Tamboly submits that as per the directions contained in order dated 25th November 2024, Interim Application (L) No. 23313 of 2025 for bringing the heirs of the deceased Respondent No.5 has been filed and also served.
5. Mr. Poriya, learned Counsel, appears for proposed Respondent No.5A.
6. List the Interim Application (L) No.23313 of 2025 on 10th September 2025.
7. Let the Affidavit of service with respect to the service to the other proposed Respondents be filed by the next date.
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