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2026 DAILYLAW 12633 (BOM)

SICOM LIMITED THROUGH RAJENDRA S. BHOSALE v. OFFICIAL LIQUIDATAOR OF AAP MINERVA BUILTCON LTD AND ORS

IA/2428/2026 · 2026-09-29

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Judgment text

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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. 1 of 3 28. CRI IA-2428-26.odt 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. 2 of 3 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. ] 3 of 3 RAVINDRA MOHAN AMBERKAR Digitally signed by RAVINDRA MOHAN AMBERKAR Date: 2026.09.30 14:47:29 +0530