Bombay High Court|Monday, 23 February 2026
Bombay HC Directs Court Receiver to Take Possession in Cherag Shah vs Harshawardhan Sabale
Bench
ABHAY AHUJA, J.
Abhay Ahuja
Bombay HC Directs Court Receiver to Take Possession in Cherag Shah vs Harshawardhan Sabale (2026) held that The court emphasized the importance of securing the presence of the respondent for the enforcement of the execution application.
In the case of Cherag Shah vs Harshawardhan Hanmant Sabale, the High Court of Bombay addressed issues related to the enforcement of a commercial execution application. The court noted that the respondent had not appeared in court, leading to the issuance of non-bailable warrants and a proclamation for his arrest. The court directed the Court Receiver to take physical possession of certain flats owned by the respondent to facilitate recovery of dues. Ultimately, the court disposed of the interim application as infructuous due to the dismissal of a related company petition.
The court emphasized the importance of securing the presence of the respondent for the enforcement of the execution application.
The Court Receiver was authorized to take physical possession of the properties in question to ensure compliance with the court's orders.
The dismissal of the related company petition rendered the interim application infructuous, highlighting the interconnectedness of legal proceedings.
Court Receiver took symbolic possession of Flats no.1003 and 1004.
Order issued for the issuance of non-bailable warrants against the respondent.
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Final judgment delivered disposing of the interim application as infructuous.
Proclamation issued against the respondent.
