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HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE ABHAY AHUJA
Sunita Ishwar Samota – Appellant
Versus
Sanman Trade Impex Pvt Ltd – Respondent
2026:BHC-OS:2870 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 Pro
Rule 58 of Order XXI C.P.C., which is extracted as adjudication of claims to or objections to attachment of property.
(1) Attachment before judgment cannot extend to properties which have already been alienated prior to institution of suit – Attachment before judgment cannot override a prior completed transfer.
(....
A transfer made with knowledge of an attachment before judgment can be contested as fraudulent under Section 53 of the Transfer of Property Act.
Civil courts are enjoined to consider disputes between parties and when substantive rights are created and such rights are being flouted, it is for civil court to consider respective contentions and ....
The main legal point established in the judgment is that a claim petition filed under Order XXI Rule 58 of CPC shall be adjudicated upon as if it is a regular suit, and any adjudication on the rights....
The main legal point established in the judgment is that the claim petition under Order XXI Rule 58 of the Code cannot be entertained if it is made with the ulterior motive of defeating a decree obta....
The court established that non-compliance with procedural requirements for attachment before judgment renders the attachment ineffective, impacting the validity of subsequent sales, including court a....
Attachment must comply with jurisdictional rules; absence qualifies as an irregularity, not an automatic nullity unless substantial injury is proven.
The main legal point established is that property conveyed to a Defendant's wife can be attached to satisfy a decree if the conveyance was done to evade execution, and legal heirs are liable to satis....
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