2026:BHC-OS:439 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY AND ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION (L) NO. 13741 OF 2025 IN INSOLVENCY PETITION NO. 17 OF 2006 ANUP ISHWARI SAXENA )…APPLICANT IN THE MATTER BETWEEN M/S.JETHMAL MANRUPJI AND CO. )...PETITIONER V/s.

RAVI SHANKAR KAILASH RAI )...RESPONDENT WITH OFFICIAL ASSIGNEE’S REPORT NO. 15 OF 2023 IN INSOLVENCY PETITION NO. 17 OF 2006 Ms.Mariyah Khatkhatay i/by Mr.R.B.Shinde, Advocate for the Applicant / tenant.

Mr.Jenish Jain a/w. Mr.Yash Jagdale, Advocate for the Petitioning creditor.

Ms.Punita Arora a/w. Mr.Puneet Arora i/by Arora & Co., Advocate for the S.Chand Properties Pvt. Ltd (Landlord).

Mr.R.A.Shaikh, Advocate for the Insolvent.

Ms.C.J.Bhatt, Official Assignee a/w. Mr.Subodh Patil, Deputy Official Assignee, Mr.D.B.Iswalkar, 1^st Assistant to Official Assignee present in Court.

Ms.R.V.Rane, Insolvency Registrar, present in Court.

CORAM : ABHAY AHUJA, J.

ARTI VILAS KHATATE DATE : 5^th JANUARY 2026 Digitally signed by ARTI VILAS KHATATE Date:

2026.01.09 P.C. :

1. As noted in order dated 22^nd December 2025, this Notice of Motion has been specifically assigned to this Bench by an Administrative Order of the Hon’ble The Chief Justice dated 12^th December 2025 and after listing it for directions on 22^nd December 2025, this matter has been listed today for hearing of the Notice of Motion.

2. When the matter is called out, this Court has enquired from the learned Counsel appearing for the parties in the Notice of Motion whether the pleadings are complete and this Court has been informed by Ms.Mariyah Khatkhatay for the Applicant that reply has been filed and it would not be necessary to file any rejoinder.

3. Accordingly, this Court has proceeded to hear the Notice of Motion.

4. The Notice of Motion essentially seeks modification of the order dated 2^nd July 2024 whereby this Court had directed the Applicant to deposit the arrears of the monthly compensation of Rs.15,000/- from February 2021 till 17^th August 2023 with the Official Assignee by 16^th July 2024, as directed vide paragraph 11 of the order dated 16^th January 2024, or to set aside the said order dated 2^nd July 2024. The same are sought as prayer clause (a) and in the alternative as prayer clause (a1) in the Notice of Motion. As prayer clause (b), a direction of this Court has been sought to the Official Assignee to return back the keys of the Room/Shop No.2, situate at S.K.Shopping Centre, on Ground Floor, 103/5, Blackie House, Opp. G.P.O., W.H.Marg, Fort, Mumbai – 400 001 (the “said shop premises”) which were handed over to the Official Assignee by the Applicant pursuant to the order dated 21^st January 2025 passed by this Court and to release the custody of the said shop premises and to hand over the possession thereof to the Applicant.

5. Before proceeding with the prayer clause (a), it is to be noted that when Mr.Jenish Jain, learned Counsel appearing for the Petitioning Creditor has pointed out that the learned Counsel for the Applicant was present when the order dated 21^st January 2025 was passed and in paragraph 5 had voluntarily undertaken to this Court to hand over the physical possession of the said premises to the Official Assignee within a period of two weeks and which order has neither been challenged nor set aside but in fact in pursuance of the said order the physical possession of the said premises was handed over to the Official Assignee on 1^st February 2025, Ms.Khatkhatay for the Applicant submits that she is not pressing for prayer clause (b). The submission is noted and accepted.

6. As regards prayer clause (a), Ms.Khatkhatay has submitted that the order dated 2^nd July 2024 directs the Applicant to deposit arrears of the monthly compensation of Rs.15,000/- from February 2021 till 17^th August 2023 with the Official Assignee, as directed by paragraph 11 of the order dated 16^th January 2024, whereas in paragraph 11 of the order dated 16^th January 2024, this Court has only recorded that the Insolvent