Sunita Ishwar Samota vs Sanman Trade Impex Pvt Ltd

Judgment text excerpt

38-IA-7784-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7784 OF 2025 IN COMMERCIAL EXECUTION APPLICATION NO. 30 OF 2023 SUNITA ISHWAR SAMOTA & ANR )…APPLICANTS IN THE MATTER BETWEEN SANMAN TRADE IMPEX PVT LTD )…CLAIMANT / DECREE HOLDER V/s. BABA MUNGIPA STEEL INDUSTRY AND ) OTHERS )…RESPONDENTS Mr.Ryan D’Souza a/w Mr.Shivam Laturiya, Ms.Pranchali Kandre i/b APS Law Associates, Advocates for the Applicants. Mr.Vivek Kantawala a/w Mr.Amey Patil, Mr.Manav Kantawala i/b M/s. Vivek Kantawala and Co., Advocates for the Claimant/Decree Holder. CORAM : ABHAY AHUJA, J. RESERVED ON : 19th JANUARY 2026 PRONOUNCED ON : 30th JANUARY 2026 ORDER : 1. This Interim Application filed under Order XXI Rule 58 of the Code of Civil Procedure, 1908 (the “CPC”) by the wife and the son of Judgment Debtor No.3 seeks to exclude Flat No.203, A-Wing, 2 nd Floor, Silver Birch Cooperative Housing Society Ltd, Vasant Gardens, Swapna Nagari, Mulund West, Mumbai 400080 (the “said flat”) from the schedule of properties in the Execution Application No.30 of 2023 avk 1/26 38-IA-7784-2025.doc attached pursuant to a Warrant of Attachment dated 1 st February 2024 and to set aside the said Warrant of Attachment as well as the Proclamation of Sale dated 15th July 2025 insofar as it concerns the said flat. 2. Mr. D’Souza, learned Counsel appearing for the Applicants, has submitted that earlier the Claimant/Decree holder had filed a Commercial Summary Suit No.153 of 2015 against Baba Mungipa Steel Industry Pvt. Ltd. and its directors and the Respondent No. 3 was one of the two directors against whom the Suit was filed. The Commercial Summary Suit culminated into a decree dated 30 th July 2018 pursuant to order passed in Summons for Judgment No.39