Bombay High Court

M/S TAHMAR ENTERPRISES LIMITED THR ITS DIRECTOR, SHAREHOLDER AND AUTH SIGNATORY C.R. RAJESH NAIRversusM/S OCEAN PEARL SEA FOOD (PROP. MS. SNEHA WALTER

Disposal: Allowed

Holding

The application is allowed and the applicant is to be impleaded as Respondent No.9 in the first appeal.

Summary

The applicant, M/s Tahmar Enterprises Ltd., filed a miscellaneous civil application seeking registration of its purchase of the suit property in an auction conducted under the SARFAESI Act, 2002. The applicant asserted that all procedural objections had been removed and requested to be impleaded as Respondent No.9 in First Appeal No.3037/2024(F). The Court noted the purchase was effected pursuant to the SARFAESI auction and found no impediment to impleadment. Accordingly, the application was allowed and the applicant was ordered to be impleaded as a respondent. The Court directed that the amendment be effected within one week and thereafter disposed of the application.

Issues considered

Whether a party that has purchased the suit property in an auction under the SARFAESI Act can be impleaded as a respondent in the pending first appeal

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

Subjects

SARFAESI Act
auction
impleadment
civil procedure
miscellaneous application

Judgment

2026:BHC-GOA:1748
                                               MCA 502 2026

                Sonam

                        IN THE HIGH COURT OF BOMBAY AT GOA
                          MISC.CIVIL APPLICATION NO.502 OF 2026
                                           IN
                             FIRST APPEAL NO.3037 OF 2024 (F)
           M/S TAHMAR ENTERPRISES LIMITED THR
           ITS DIRECTOR, SHAREHOLDER AND AUTH
           SIGNATORY C.R. RAJESH NAIR                              ... APPLICANT
              Versus
           M/S OCEAN PEARL SEA FOOD (PROP.
           MS. SNEHA WALTER                                        ... RESPONDENT


           Mr. Gopalkrishnan B, Advocate for the Applicant.

           Ms. Priyanka Kamat, Advocate for the Respondent.


                                  CORAM:- VALMIKI MENEZES, J.
                                  DATED :- 28th August, 2026

           P.C.:


           1.       Learned Advocate for the Applicant submits that all office
           objections have been removed. Considering this statement, the
           application to be registered by the Registry of this Court.


           2.       For the reasons stated in the application and considering that
           the Applicant has purchased the suit property in Auction
           Proceedings under the SARFAESI Act, 2002 (Securitisation and
           Reconstruction of Financial Assets and Enforcement of Security
           Interest Act), the application is allowed. The Applicant shall be
           impleaded as Respondent No. 9 in First Appeal No. 3037/2024(F).

                                                 Page 1 of 2
                                               28th August, 2026
                                MCA 502 2026


The amendment to be carried out within one week.


3.   The application stands disposed of.



                                          VALMIKI MENEZES, J.




                                  Page 2 of 2
                                28th August, 2026

Continue reading with your account

Checking your session…