Farhad Ginwalla And Anr vs Zenobia Poonawala And 2 Ors on 7 October, 2020

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Bombay High Court

Farhad Ginwalla And Anr vs Zenobia Poonawala And 2 Ors on 7 October, 2020

Bench: A. K. Menon

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION
                      INTERIM APPLICATION NO.1 OF 2020
                                        IN
                    EXECUTION APPLICATION NO. 269 OF 2020


                                        WITH
                      INTERIM APPLICATION NO.1 OF 2020
                                        IN
                    EXECUTION APPLICATION NO. 270 OF 2020


 Farhad Ginwalla & Ors.                      ... Applicant/Plaintiff
         vs.
 Zenobia Poonawalla & Anr.                   ... Respondent



 Mr. Sameer Pandit a/w. Ms. Sarrah Khambati i/b. M/s. Wadia Ghandy &
 Co. for the Applicant/Plaintiff.

 Mr. Aditya Pimple i/b. Ms. Anjal Amin for M/s. B. Amin & Co. for the
 Respondent.

                                             CORAM : A. K. MENON, J.

DATED : 7th OCTOBER , 2020.

(THROUGH VIDEO CONFERENCE) P.C. :

1. These interim applications are filed in execution proceedings whereby the applicant seeks to execute two awards against respondent no.1. Mr. Pandit on behalf of the applicant / claimant seeks relief of disclosure of assets as against respondent no.1. He submits that as 1/3 23-24-IA-1-2020-EXAL-269-270-2020.doc rrpillai against respondent nos. 2 and 3 (incorrectly described as respondent no.4 ) there is no monetary claim that he is seeking to press under the Award.

2. On behalf of respondent no.1 in both these applications Mr. Pimple learned counsel for the respondents submits that Awards are subject matter of challenge in a petition filed under section 34 of the Arbitration and Conciliation Act. He however concedes that there is no stay of operation of the Award. He seeks time to file in a reply and in the meantime, without prejudice to his challenge to the Award, submits to order in terms of prayer clause (a). Accordingly I pass the following order :

(i) There will be an ad-interim order in terms of prayer clause (a) which is reproduced below.

"(a) That pending the hearing and final disposal of the above Exeuction Application, this Hon'ble Court be pleased to pass an order directing respondent no. 1 to disclose by way of an affidavit :

(i) full and complete details and particulars of all her assets and properties movable and immovable, whether encumbered or unencumbered in which she may have direct or indirect interest wheresoever situated

(ii) Copies of her income tax return for last three years.

(iii) Copies of bank statement of all bank accounts held by respondent no. 1 and

(iv) Copies of demat account and mutual fund account statement. "

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(ii) In addition to demat account and mutual fund account statements, respondent no. 1 shall also submit copies of holding statement issued by NSDL and CDSL between 1 st April, 2020 and 30th September, 2020. Disclosure to be complete and to be filed along with the affidavit in reply to be filed on or before 17th October, 2020.

(iii)    List on 19th October, 2020.


(iv)     This order shall be digitally signed by the Personal Assistant of this

Court.



                                                            (A. K. MENON, J.)


                Digitally signed
                by Rajeshwari
                R. Pillai
   Rajeshwari
                Date:
   R. Pillai    2020.10.08
                14:08:13
                +0530




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