Bombay High Court
Shriram Transport Finance Co. Ltd vs Amarjeet Singh Kulwant Singh And Anr on 4 January, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
42-chs-1150-2015.doc
jsn
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO.1150 OF 2015
IN
EXECUTION APPLICATION NO.215 OF 2013
M/s. Shriram Transport Finance Co. Ltd. ...Applicant /
Claimant
Versus
Amarjeet Singh Kulwant Singh and Anr. ...Respondents
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Ms. Priya Rita, i/b. Disha Karambar and Co. for the Claimant.
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CORAM : R.I. CHAGLA J.
DATE : 4TH JANUARY, 2024.
ORDER :
1. The learned Advocate appearing for the Applicant / Claimant / Decree Holder states that the Chamber Summons along with Execution Application has been served on the Respondents / Judgment Debtors. She has referred to the Affidavit of Service which have been filed including Affidavit of Service dated 7th February, 2023 by which the Applicant had attempted to serve the Respondent by way of hand delivery. However, the Respondents refused to accept 1/3 ::: Uploaded on - 06/01/2024 ::: Downloaded on - 03/02/2024 03:18:15 ::: 42-chs-1150-2015.doc the service.
2. The learned Advocate for the Applicant has accordingly applied for ad-interim relief in terms of prayer Clauses (d) and (i) of the Chamber Summons which is for disclosures of particulars of property and assets for satisfying the decree of the Applicant / Decree Holder under execution.
3. Having considered the Affidavits of Service which have been filed including the last Affidavit of Service dated 7th February, 2023 by which the Respondents / Judgment Debtors have refused the service by way of hand delivery and which amounts to deemed service, the Respondents have been served and despite service have failed to make an appearance. Accordingly, ad-interim relief in terms of prayer clauses (d) and (i) is granted, which read thus:-
"(d) that the Defendant abovename be required by an order of this Hon'ble Court to file their Affidavit stating particulars of their properties etc. As provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree / Award dated 28th August, 2012 passed by the learned Arbitral Tribunal has remained unsatisfied for more than 30 days form the date of its passing"2/3 ::: Uploaded on - 06/01/2024 ::: Downloaded on - 03/02/2024 03:18:15 :::
42-chs-1150-2015.doc And
(i) that the Defendants be directed to disclose their assets on affidavit for satisfying the decree of the Plaintiff under execution as per Section 51 of the Code of Civil Procedure"
4. 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 Applicants.
5. The Chamber Summons shall be placed on 26th February, 2024.
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