signed by KAWRE KAWRE KIRAN KIRAN KALYAN KALYANDate:

2025.11.27 15:46:43 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 1627 OF 2025 IN COMMERCIAL SUIT NO. 885 OF 2018 Arjun Atma Sippy And Anr. ...Applicants/Plaintiffs Versus M/s. Purshottan Associates & Ors. ...Defendants _______

Mr. Ranbir Singh a/w Eshan Patel, Samkit Shah and Ms. Jenai Karanjawala i/b Mulla and Mulla Craigie Blunt and caroe for Applicant.

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CORAM : ARIF S. DOCTOR, J.

DATE : 25th NOVEMBER 2025 P.C.

1. Mr. Singh, learned counsel appearing on behalf of the Applicant today invited my attention to statement made to the Court, has been breached by Defendant No.2. Mr. Singh points out that the Applicant has in the captioned Interim Application sought the following reliefs:

“a) pending the hearing and final disposal of the above Suit, Defendant No. 2 be directed to disclose details of the bank account wherein the Defendant No. 2 had deposited Rs. 4,00,00,000/- received by him under the Consent Terms dated 5th February 2018, along with the total amount that the said Rs. 4,00,00,000/- has accumulated to with interest accrued thereon till date;

b) pending the hearing and final disposal of the above Suit, Defendant No. 2 be directed to deposit Rs. 4,00,00,000/-received by him under the Consent Terms dated 5th February 2018 along with interest accrued thereon till date with this Hon'ble Court;

c) pending the hearing and final disposal of the above Suit, Defendant Nos. 1 and 2 by themselves, their respective agents, servants, representatives, assignees and/or persons claiming through and/or under them, be restrained by an Order and Injunction from in any manner dealing with, disposing of, selling, transferring, alienating, encumbering or creating any third party rights in respect of Flat No. 1002, 10th Floor, Nav Natraj Co- operative Housing Society Limited, Santacruz (West), Mumbai, admeasuring 940 sq. ft. carpet area or thereabout, with an attached terrace to the said flat admeasuring 400 sq. ft or thereabout;

d) pending the hearing and final disposal of the above Suit, the Court Receiver, High Court, Bombay be appointed in respect of Flat No. 1002, 10th Floor, Nav Natraj Co-operative Housing Society Limited, Santacruz (West), Mumbai, admeasuring 940 sq. ft. carpet area or thereabout, with an attached terrace to the said flat admeasuring 400 sq. ft or thereabout with all powers under Order XL Rule 1 of the Code of Civil Procedure 1908, including the power to take possession of the subject flat from Defendant No. 2 and/or whoever is in possession thereof,”

2. At the outset, points out that the Defendant No.2 has despite specific orders dated 12nd March 2025 and 9th April 2025, failed to comply with the same. He then points out that vide an order dated 12th March 2025, this Court had after hearing counsel passed the following order:

“4. Mr. Jagtiani submits that this Interim Application has been filed against the Defendants No. 1 and 2 inter alia to disclose the details of the bank account, wherein the Defendant No. 2 had deposited 4 Crs received by him under the consent terms dated 5th February, 2018 and the total amount with the said Rs. 4 Crs as accumulated with interest accrued thereof till date with directions to deposit the same in this Court.

5. Mr. Jagtiani would further submit that pending the hearing and final disposal of the Suit, the Defendants No. 1 and 2 also be restrained from in any manner deal with or disposing of the Flat No. 1002, 10th Floor, Nav Natraj Co-operative Housing Society Limited, Santacruz (West), Mumbai, admeasuring 940 sq. ft carpet area or thereabout with an attached terrace to the said flat admearsuirng 400 sq. ft or thereabout (the "Suit property").

6. Mr. Tejwani, learned Counsel appears for the Defendants No. 1 and 2 and submits that he has just been briefed in the matter and some time be granted to file vakalatnama and reply, however, submitting, on instructions, that till the ne