Bombay High Court
Orix Leasing And Financial Services ... vs Chirag Travels Co Through Its Partners ... on 4 January, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
45-ia-398-2022.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.398 OF 2022
IN
COMM EXECUTION APPLICATION (L) 2698 OF 2022
Orix Leasing and Financial Services India Ltd. ...Applicant /
Petitioner
Versus
Chirag Travels Co. Thru its partners Vijay R ...Respondent
Makawana
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Ms. Priya Rita i/b. Disha Karambar and Associates for the Applicant /
Petitioner.
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CORAM : R.I. CHAGLA J.
DATE : 4TH JANUARY, 2024.
ORDER :
1. The learned Advocate appearing for the Applicant states that the Respondent has been served and Affidavit of Service dated 6th May, 2022 to that effect has been filed. The Affidavit of Service shows that the Respondent has been served through RPAD and the track report from the official website www.indiapost.gov.in shows "item delivery confirmed" for the Respondent on 22nd April, 2022. 1/3 ::: Uploaded on - 06/01/2024 ::: Downloaded on - 03/02/2024 03:18:19 :::
45-ia-398-2022.doc Thus, the Respondent has been served with the papers and proceedings in the above matter. Inspite of service, the Respondent has not remained present.
2. The learned Advocate appearing for the Applicant has accordingly sought ad-interim relief in terms of prayer Clauses (b) and (g) of the Interim Application which are for disclosure of properties as well as assets for satisfying the decree of the Applicant.
3. Having considered that the Respondent has been served with the papers and proceedings in the matter including the present Interim Application and inspite of service they have failed to make appearance, the ad-interim relief as sought for by the Applicant requires to be granted. Hence, the following order:-
(i) The ad-interim relief in terms of prayer Clauses (b) and (g) is granted, which read thus:-
"(b) That the Respondents above named be required by an order of this Hon'ble Court to file their Affidavit stating particulars of their all properties including personal immovable and movable properties etc., as provided under Order 21 Rule 41 of the Code of Civil 2/3 ::: Uploaded on - 06/01/2024 ::: Downloaded on - 03/02/2024 03:18:19 ::: 45-ia-398-2022.doc Procedure, 1908 since the Award dated 15th November, 2019 passed by the Hob'ble Court has remained unsatisfied for more than 30 days from the date of its passing;
(g) That the Respondents be directed to disclose their means on Affidavit for satisfying the decree of the Applicant under execution as per Section 51 of the Code of Civil Procedure, 1908.
(ii) The Respondents / Judgment Debtors shall file their disclosure Affidavit within a period of four weeks from being communicated this Order by the Advocates for the Applicant .
(iii) The Interim Application shall be placed on 26th February, 2024.
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