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Bombay High Court

SICOM LIMITED THROUGH RAJENDRA S. BHOSALEversusOFFICIAL LIQUIDATAOR OF AAP MINERVA BUILTCON LTD AND ORS

Decided
Disposal
Allowed

Holding

The Court held that the magistrate's order was erroneous for separating the properties and allowed the interim application to correct the order as sought.

Summary

Sicom Ltd, the petitioner, filed an interim application seeking correction of a learned Magistrate's order that had considered the land and building of the subject property separately. The petitioner argued that both the land and the building should have been taken together for cognizance. The High Court examined the material and found a clear fallacy in the magistrate's order for not considering both properties jointly. Accordingly, the Court allowed the interim application to the extent of prayer clauses (a) and (b), directing that the magistrate's order be read in conjunction with the corrected order. The Court left the remaining prayers to be pursued by the parties through appropriate remedies. The order was issued by Justice Milind N. Jadhav on 29 September 2026.

Issues considered

  • Whether the learned Magistrate erred by not considering both the land and the building together in the order.
  • Whether the interim application for correction of the magistrate's order should be allowed.

Subjects

  • interim application
  • correction of order
  • property
  • magistrate order
  • writ petition
  • Bombay High Court

Judgment

                                                                        28. CRI IA-2428-26.odt


Amberkar

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION


                           INTERIM APPLICATION NO. 2428 OF 2026
                                            IN
                               WRIT PETITION NO. 14 OF 2023

           Sicom Ltd                                                   Applicant
                                                                    .. (Org. Petitioner)
                       Versus
           Official Liquidator of AAP Minerva Builtcon Ltd
           & Ors.                                           .. Respondents
                                       ....................
            Mr. Anuj Desai a/w Ms. Arundhati Korale & Mr. Paras Gupta i/by
              Jurisperitus Mumbai, Advocates for Applicant
            Mr. Apurva Thipsay, Advocate for Respondent No. 1
            Mr. Veerdhawal Deshmukh a/w Ms. Nikita Vardhan, Ms. Vidyashree
             Perla & Ms. Stuti Menon i/by Kanga & Company, Advocates for
             Respondent Nos. 7, 8, 12 and 16
            Mr. Aditya Nair a/w Ms. Anushka Bhatt i/by Khaitan Legal
             Associates, Advocates for Respondent No. 13
            Ms. Shilpa G. Talhar, APP for State
                                          ...................
                                         CORAM : MILIND N. JADHAV, J.
                                         DATE          : SEPTEMBER 29, 2026
           P. C.:

           1.       Heard Mr. Desai, learned Advocate for Applicant; Mr. Thipsay,

           learned Advocate for Respondent No. 1; Mr. Deshmukh, learned

           Advocate for Respondent Nos. 7, 8, 12 & 16; Mr. Nair, learned

           Advocate for Respondent No. 13 and Ms. Talhar, learned APP for State.


           2.         Pursuant to the order passed on 18.09.2026, today learned

           Advocates for Respondent No. 1, Respondent Nos. 7, 8, 12 & 16,

           Respondent No. 13 and learned APP for State are present.


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3.    Mr. Deshmukh in his usual fair-mindedness informs the Court

that the case made out by the Applicant to the extent of the correction

and as opined by this Court in order dated 18.09.2026 be corrected in

accordance with law. The conduct of Mr. Deshmukh is appreciated by

the Court.


4.    I have perused the material which is placed before the Court. I

have also given my prima facie opinion while passing the order dated

18.09.2026. There is a clear and distinct fallacy in the order passed by

the learned Magistrate by not considering both the properties. The

grounds which are mentioned in the present Application are to that

effect and I therefore would be inclined to correct the said order

because by taking cognizance, both the land and the building ought to

have been considered together rather than separating both the

properties. In that view of the matter, Mr. Desai has made out

arguable case for allowing the present Application. Hence, the

Application is allowed in terms of prayer clause (a) and (b).


5.    However with regard to the other prayers, the parties are free to

avail whatever remedy that may be available to the parties including

that for the private Respondents with regard to their nexus with the

subject property on the basis of their respective documentation.




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                                                                    28. CRI IA-2428-26.odt


           6.        This order shall be read along with the Magistrate's order for the

           purpose of implementation.


           7.        Parties to act on a server copy of this order downloaded from

           the website of Bombay High Court.


           8.        Interim Application is allowed and disposed of in the above

           terms.


Amberkar                                            [ MILIND N. JADHAV, J. ]

                     Digitally signed
                     by RAVINDRA
           RAVINDRA MOHAN
           MOHAN    AMBERKAR
           AMBERKAR Date:
                     2026.09.30
                     14:47:29 +0530




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