Bombay High Court
Shruti Vijay Agrawal vs Kothari Auto Parts Manufactures Pvt. ... on 5 January, 2023
Author: R.I. Chagla
Bench: R.I. Chagla
21-IA (L) 36820.2022 in Exe.(L) 36813.2022.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 36820 OF 2022
IN
EXECUTION APPLICATION (L) NO.36813 OF 2022
Shruti Vijay Agarwal & Ors., ... Applicants/
Decree Holder
Versus
Kothari Auto Parts Manufacturers Pvt. Ltd. ...Respondents/
& Ors., Judgment Debtor
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Ms. Twinkle Gadhiya i/b Pritesh Burad Associates, Advocate for
Applicants/Decree Holder.
None for Respondent No.1.
Ms. Kalyani Wagle i/b T.N. Tripathi & Co., Advocate for Respondent
No.2.
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CORAM : R.I. CHAGLA J
DATE : 5TH JANUARY, 2023.
ORDER :
1. Heard the learned Counsel appearing for the Applicants/Decree Holder.
2. The learned Advocate appearing for the Respondent No.2 has sought time in the matter.
3. None appears for Respondent No.1.
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21-IA (L) 36820.2022 in Exe.(L) 36813.2022.doc
4. Affidavit of Service dated 6th December, 2022 has been filed which shows that service has been effected on Respondent Nos. 1 and
2. In spite of service, the Respondents have not made an appearance.
5. The learned Counsel appearing for the Applicants has sought relief in terms of the prayer Clause 'd' and 'e' of the Interim Application which reads as under :
"(d) That this Hon'ble Court be pleased to direct the Respondent No.1 to file Affidavit disclosing its assets and particulars of properties belonging to and in possession of the Respondent as provided under Order XXI Rule 41 of the Code of Civil Procedure, 1908 ;
(e) That this Hon'ble Court be pleased to direct the Respondent No.1 to disclose the particulars of its Bank Account (s) (including but not limited Bank Account Nos.57500000045601 of HDFC Bank, Account No.510101001100946 in Corporation Bank) in which there is sufficient amount to satisfy the Order dated 06.04.2022."
6. Considering that there is an Arbitration Order passed against Respondent No.1 dated 6th April, 2022 directing the Respondent No.1 to pay the Applicant an amount of Rs.21,38,268/- which amount relates to the booking amount, Pre-EMI paid by the Applicants including Arbitration Costs and in respect of which, execution has been sought by Applicants against Respondent No.1, 2/3 ::: Uploaded on - 09/01/2023 ::: Downloaded on - 09/01/2023 23:25:32 ::: 21-IA (L) 36820.2022 in Exe.(L) 36813.2022.doc case has been made for grant of relief of disclosure to be made by Respondent No.1 in terms of prayer Clause 'd' and 'e' of the Interim Application extracted above.
7. Accordingly, the Respondent No.1 shall file Affidavit of disclosure in accordance with prayer Clause 'd' and 'e' of the Interim Application within a period of 3 weeks from the date of this Order.
8. The Advocate for the Applicants shall serve notice of this order on the Respondents forthwith and file Affidavit-of-Service on or before the next date.
9. Place the Interim Application on 2nd February, 2023.
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