Bombay High Court
Heeralal Meghraj Doshi vs Sultan Shirajuddin Yasin on 24 July, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
923.COMEXL 13744-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL EXECUTION APPLICATION (L) NO. 13746 OF 2024
Heeralal Meghraj Doshi ...Applicant
V/s.
Sultan Shirajuddin Yasin & Ors. ...Respondents
Mr. Sanjay Jain with Mr. Adil Parsurampuria i/b Mr. Prashant
Parsurampuria, Advocate for the Applicant.
None for the Respondents.
CORAM : ABHAY AHUJA, J.
DATE : 24TH JULY, 2024
P.C. :
1. This Execution Application seeks execution of interim order dated 28th February, 2024, passed by the Arbitrator under Section 17 of the Arbitration and Conciliation Act.
2. Mr. Jain, learned Counsel appears for the Applicant and submits that the Respondents No. 1, 4, 5, 6, 7 and 8 have been served and that the packet as regards the Respondents No. 2 and 3 have been returned Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL unserved. Mr. Jain also draws the attention of this Court to the Affidavit GADGIL Date:
2024.07.25 14:49:50 +0530 of service dated 24th July, 2024, in support of his contention. That while steps are being taken to serve the unserved Respondents, considering the fact that the Respondents No.5 and 6 are siphoning of funds from the accounts into the account of the Respondent No.7, this Court at least Nikita Gadgil 1/3 ::: Uploaded on - 25/07/2024 ::: Downloaded on - 25/07/2024 16:40:23 :::
923.COMEXL 13744-24.doc direct disclosure in terms of Clause J.3 to the Execution Application, which reads thus:-
"J. 3. By issuing a direction to the Respondent Nos. 2,5 and 6 under the provision of Order XXI Rule 41 of the Code of Civil Procedure, 1908, to disclose particulars of all their immovable and movable properties including Bank Accounts, all investments in shares, bonds, Mutual Funds, Income Tax Returns, Bank Statements for the past 5 years, Demat Account Statements, Statement issued by CDSL and NSDL, all Fixed Deposits receipts, PPF Balance etc."
3. Having heard the learned Counsel and having considered the submissions, the Respondents No. 5 and 6 are directed to disclose particulars of all their movable and immovable properties including bank accounts, all investments in shares, bonds, mutual funds, income tax returns, bank statements for the past 5 years, demat account statements, statement issued by CDSL and NSDL, all fixed deposits receipts, PPF balance etc in terms of Rule 41 of Order 21 of the Code of Civil Procedure, 1908, within a period of four weeks.
4. Let copy of this order be served upon the Respondents and an appropriate affidavit of service be filed. Let the unserved Respondents be served the Execution Application by the next date and an appropriate affidavit of service be filed in that regard as well. List on 28th August, 2024.
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5. Also until further orders, Respondents No. 5 to 8 are directed not to in any manner deal with their assets movable or immovable and tangible or intangible including bank accounts.
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