Bombay High Court
Beacon Trusteeship Ltd vs Radius Estates And Developers Pvt. Ltd. ... on 5 May, 2021
Author: G. S. Patel
Bench: G.S. Patel
18-CARBPL10965-21.DOC
Shephali
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
COMM ARBITRATION PETITION (L) NO. 10965 OF 2021
Beacon Trusteeship Ltd ...Petitioner
Versus
Radius Estates & Developers Pvt Ltd & Ors ...Respondents
Mr Nikhil Sakhardande, Senior Advocate, Ravichandra S Hedge, Ashis
Benugopal, Ankita Roy & Parinaz Bharucha, i/b Parinam Law
Associates, for the Petitioner.
Mr Vibhav Krishna, i/b Juris Consillis, for Respondent No. 1.
Mr Rohaan Cama, with Niyathi Kalra & Rujuta Patil, i/b Negandhi, Shah
& Himayatullah, for Respondent No. 2.
Mr Vibhav Krishna, with Tahir Prande, Devang Lakhotia, Anmol
Bartaria, i/b Juris Consillis, for Respondent No. 3.
CORAM: G.S. PATEL, J.
(Through Video Conferencing) DATED: 5th May 2021 PC:-
1. Heard through video conferencing.
2. The 3rd Respondent is required to file an Affidavit of Disclosure of his assets. The disclosure is to be complete and will be in the following terms of the 3rd Respondent's movable and Page 1 of 3 5th May 2021 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 07:59:18 ::: 18-CARBPL10965-21.DOC immovable assets, including their personal assets. The 3rd Respondent is to disclose--
(a) Immovable properties: All immovable properties wherever situated, whether in India or overseas, with complete details sufficient to identify the properties. If any of these are in any way encumbered, full particulars of such encumbrance/s including the name of the security holder/secured creditor, the details of the financial obligations secured, and the amount yet due as secured by those properties will also be disclosed.
(b) Movable Assets
(i) Non-financial: All non-financial movable
assets of the acquisition or replacement value of more than Rs. 1 lakh including all particulars as described above.
(ii) Financial assets: All investments and demat accounts with full particulars, including all holdings and encumbrances.
(iii) Bank accounts: All bank accounts with account numbers, bank names, branches, account types and holding patterns. Bank statements for the last one year are required for all accounts.
(iv) Bank Lockers: Contents of all safety deposit vaults and bank lockers.
(c) Tax and Financial Returns: Copies of all tax and financial returns for the last three years, including all Page 2 of 3 5th May 2021 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 07:59:18 ::: 18-CARBPL10965-21.DOC supporting balance sheets, Profit & Loss accounts, income-expenditure statements and computations of income.
(d) Disclosures to be on Affidavit:
(i) All disclosures must be on a properly sworn or affirmed affidavit.
(ii) The Affidavit is to be serially paginated.
(iii) The affidavit to have its own detailed index identifying each disclosure.
3. The Affidavit is to be filed on or before by 11th June 2021.
4. List the Petition itself on 16th June 2021
5. The Vakalatnama on behalf of the 3rd Respondent is to be filed within a period of two weeks from today.
6. All concerned will act on production of an ordinary copy of this order.
(G. S. PATEL, J) Page 3 of 3 5th May 2021 ::: Uploaded on - 06/05/2021 ::: Downloaded on - 10/09/2021 07:59:18 :::