Bombay High Court
Darshan L Gandhi vs Disha Constructions on 2 February, 2026
Diksha Rane 1 & 506 CHSCD 1130 2018.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
1 CHSCD/1130/2018
In
COMEX/1341/2018
DISHA CONSTRUCTIONS
VS
LOK CONSTRUCTIONS AND 5 ORS
WITH
COMAP(L)/41434/2025
IN
CHSCD/1130/2018
DARSHAN L GANDHI
VS
DISHA CONSTRUCTIONS
WITH
CHSCD/5/2019
IN
COMEX/1341/2018
DISHA CONSTRUCTIONS
VS.
LOK CONSTRUCTIONS AND 5 ORS.
WITH
506 IA(L)/3407/2026
IN
COMEX/1341/2018
GAURAV ARUN VORA
VS.
LOK CONSTRUCTIONS
------------
Mr. Ashish Kamat, Senior Advocate along with Mr. Karl Tamboli, Mr.
Kausar Banatwala, Ms. Sneha Mahavar, Mr. Yash Sheth, i/by Mr.
Tushar Goradia, for Decree Holder.
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Diksha Rane 1 & 506 CHSCD 1130 2018.doc
Aamir Arsiwala along with Mr. Munir Merchant, Mr. Shadab
Peerzade, Applicant in IAL/34337/2025.
Mr. Rubin Vakil along with Mr. Manish Doshi, Ms Heena Thalesar, Ms.
Anjali Ajmera i/by M/s. Vimadalal & co, Advocate for the Respondent
Nos. 5A to 5E.
Mr. Yahya Batatawala, Advocate for the Respondent Nos. 3 and 4.
Mr. Gauraj Shah i/by Mr. Tejas Shah, for the Applicant in in
IAL/3407/2026.
Mrs. Nandini Y. Deshpande, 1" Assistant to Court Receiver present.
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CORAM : RAJESH S. PATIL, J.
DATE : 2 FEBRUARY 2026. P.C. : 1) Heard learned counsel for the parties. At present, the following order will subserve the purpose :- (i) The judgment debtors to jointly and severally deposit the
decreetal amount in this Court within a period of two weeks from today.
(ii) The decree holder is directed to file his reply to Interim Application (L) No. 3407/2026.
(iii) The Court Receiver's site report dated 31/1/2026 with regard to Flat Nos.1602/1603 situated in Lok Nirman Co-operative Housing Society Limited is taken on record. It mentions the Court Receiver has 2 Diksha Rane 1 & 506 CHSCD 1130 2018.doc physically taken possession of Flat Nos. 1602/1603 and has sealed the said flats. The said seal will continue till further orders of this Court.
(iv) As regards Court Receiver's site report dated 31/1/2026 with regard to shop no. 4 situated on the ground floor in Lok Bhavan, Lok Bharti Complex, Marol Maroshi Road, Andheri (East), Mumbai - 400 059 is taken on record. The Court Receiver's report states that they were not able to take possession of the said premises. After they had broken down the shutter of the main door, they found that there was a wall constructed behind the shutter, which prevented them from entering into the premises, hence, they have now closed the shutter and fixed the new lock and keys are with the Court Receiver and the said shop is now sealed. The said seal will continue till next date of the hearing.
2) Neither the Attorneys of the respondent no.2 nor the respondent no.2 are present in the Court, when this matter was called out. Hence, respondent no.2 is hereby directed to physically remain present in the Court on the next date of the hearing. If he remains present on next date of hearing such steps would be taken to secure his presence.
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Diksha Rane 1 & 506 CHSCD 1130 2018.doc
3) Authenticated copy of this order can be served by learned
counsel appearing for the decree holder to respondent no.2's attorneys and respondent no.2, by all permissible modes of service
4) Stand over to 16/2/2026.
(Rajesh S. Patil, J.) 4 Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 02/02/2026 20:40:08