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Bombay High Court

Narendrakumar Bhalla vs Supreme Constructions And Developers ... on 2 February, 2026

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                       19-COMEX-68-2023.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           Digitally
           signed by
                                            ORDINARY ORIGINAL CIVIL JURISDICTION
           KANCHAN
KANCHAN    PRASHANT
PRASHANT
DHURI
           DHURI
           Date:
                                                       IN ITS COMMERCIAL DIVISION
           2026.02.03
           12:46:46
           +0530                  COMMERCIAL EXECUTION APPLICATION NO. 68 OF 2023
                         Narendrakumar Bhalla                                              ... Applicant
                                  Versus
                         Supreme Constructions and Developers
                         Pvt. Ltd. and others                                              ... Respondents
                                                                 WITH
                                             INTERIM APPLICATION NO. 6891 OF 2025
                                             INTERIM APPLICATION NO. 6570 OF 2025
                                             INTERIM APPLICATION NO. 6672 OF 2025
                                             INTERIM APPLICATION NO. 5105 OF 2025
                                             INTERIM APPLICATION NO. 6673 OF 2025
                                             INTERIM APPLICATION NO. 6892 OF 2025
                                             INTERIM APPLICATION NO. 7355 OF 2025
                                                GARNISHEE NOTICE NO. 13 OF 2025
                                                GARNISHEE NOTICE NO. 14 OF 2025
                                                GARNISHEE NOTICE NO. 15 OF 2025
                                                GARNISHEE NOTICE NO. 16 OF 2025
                                                GARNISHEE NOTICE NO. 12 OF 2025
                                                GARNISHEE NOTICE NO. 11 OF 2025
                                                                   IN
                                  COMMERCIAL EXECUTION APPLICATION NO. 68 OF 2023
                                                     ............
                         Mr. Malcolm Siganporia alongwith Mr. Mihir Kakade and Ms. Parita
                         Mashruwala instructed by Jayakar and Partners, Advocate for the
                         Decree Holder.
                         Mr. Miheer Jayakar alongwith Ms. Gunjan Jayakar, Advocate for the

                         Kanchan Dhuri                                                                      1/4




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                                                                19-COMEX-68-2023.doc


 Applicant in IA-7355-2025.
 Mr. Mohd. Ashraf instructed by Lexicon Law Partners, Advocate for the
 Respondents No.1, 5 and 6.
 Mr. Anoshak Daver alongwith Mr. Nirav Shah and Ms. Richika Kadam
 instructed by Little & Co., Advocate for the Respondents No.2 and 3.
                                 ............
                                 CORAM        :     ABHAY AHUJA, J.
                                    DATE         :        2 FEBRUARY 2026
 P.C. :

1. When the matter is called out, at the outset, Mr. Siganporia, learned Counsel, appears for the Execution Applicant and submits that the Interim Application No.6891 of 2025 has been disposed of in terms of the order dated 12th March 2025 and may be removed from Board.

2. Registry to remove the said Interim Application from Board. Garnishee Notice No. 13 of 2025 ; Garnishee Notice No. 14 of 2025 ; Garnishee Notice No. 15 of 2025 ; Garnishee Notice No. 16 of 2025 ; Garnishee Notice No. 12 of 2025 and Garnishee Notice No. 11 of 2025 in Commercial Execution Application No. 68 of 2023 :

3. Mr. Siganporia, learned Counsel, appears for the Execution Applicant and submits that these notices have been taken out against the persons who owe moneys to the Judgment Debtors in the Execution Applications and that this Court in the first instance may issue notices to them.

4. Accordingly, issue notices to the garnishees, returnable on 23 rd March 2026.

5. List on 23rd March 2026.

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19-COMEX-68-2023.doc Interim Application (L) No. 21640 of 2022 in Commercial Execution Application No. 68 of 2023 :

6. Mr. Daver, learned Counsel, appears for the Judgment Debtors No.2 and 3 and submits that by the Interim Application (L) No. 21640 of 2022, the said Judgment Debtors are seeking to challenge the maintainability of the Execution Application and that the pleadings in the said Application are complete.

7. The Court Associate informs that by a self operative order dated 9th October 2025, since objections are not removed and registered number are not obtained, the said Interim Application has stood dismissed.

8. Mr. Daver submits that if that be the case, time be granted to take appropriate steps to restore the same.

Interim Application No. 6891 of 2025; Interim Application No. 6570 of 2025; Interim Application No. 6672 of 2025; Interim Application No.5105 of 2025; Interim Application No.6673 of 2025; Interim Application No.6892 of 2025; and Interim Application No.7355 of 2025 in Commercial Execution Application No. 68 of 2023 :

9. Mr. Jayakar, learned Counsel, appears for the Applicants and submits that the said Interim Applications seek leave of this Court in terms of the order dated 26th April 2022 to permit the Applicants and Respondent No.1-Company to sign and execute the proposed adjudicated supplementary deed which is produced at Annexure-G and to duly register the same before the Sub-Registrar of Assurances, Pune. Kanchan Dhuri 3/4 ::: Uploaded on - 03/02/2026 ::: Downloaded on - 03/02/2026 20:40:03 :::

19-COMEX-68-2023.doc

10. Although it is not clear whether in these applications pleadings are complete or not, however, Mr. Daver, learned Counsel, appearing for the Respondents No.2 and 3 in the Interim Application objects to the above submissions, without prejudice to his arguments on maintainability of these Interim Applications submitting that his objection is in the event the said deeds relate to 20 flats that are come to his clients.

11. Mr. Siganporia, learned Counsel, appearing for the Judgment Creditor in the Execution Application has no objection if these Interim Applications are allowed in terms of the affidavit in reply filed by his clients dated 20th January 2025.

12. Be that as it may, let Mr. Daver place before this Court under an affidavit the list and description of the 20 flats and before that also circulate the same to the other learned Counsel for the parties.

13. Let Mr. Jayakar, learned Counsel appearing for the Interim Applicants in these Applications, by the next date, ascertain whether or not the flats in respect whereof the supplementary deeds are sought to be signed are included in the said list.

14. List on 9th March 2026.

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