Ajay Ghanshyamdas Goenka vs Alfred Micheal Arambhan
2021 Latest Caselaw 6343 Bom

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     ORDINARY ORIGINAL CIVIL JURISDICTION

                       INTERIM APPLICATION NO.865 OF 2021
                              ALONG WITH
                   INTERIM APPLICATION NO.888 OF 2021
                                   IN
              CHAMBER SUMMONS (LODGING) NO.1169 OF 2019
                                   IN
             EXECUTION APPLICATION (LODGING) NO.622 OF 2019
                                   IN
               COMMERCIAL SUMMARY SUIT NO.1244 OF 2018

Ajay Ghanshyamdas Goenka                               ..Applicant-Plaintiff
             Vs.
Alfred Michael Arambhan                                ..Defendant-Judg.Debtor
            And
Nalini Arambhan and Ors.                               ..Proposed Defendants


Mr. Abhishek Khare, with Mr. Firoz Bharucha, i/by Khare Legal Chambers, for
the Applicant-Plaintiff.
None for the Defendants.


                                            CORAM : A. K. MENON, J.

DATED : 8TH APRIL, 2021.

(THROUGH VIDEO CONFERENCE)

P.C. :

1. Called for ad-interim relief.

2. Mr. Khare states that he intends to seek amendment to IA/888/2021 to

incorporate a prayer seeking leave to examine the defendant-judgment

13-IA-865-2021.doc Dixit

debtor on oath, since according to him, although a decree was passed on 29 th

January 2019, the defendant-judgment debtor has failed and neglected to

satisfy the decree. He submits that all attempts to attach properties have failed

for want of information of properties of the defendant-judgment debtor. He

therefore seeks relief in terms of disclosure of assets. The affidavit-of-service

is yet to be filed.

3. In view of the above, I pass the following order :-

(i) Plaintiff is at liberty to renew his application on 21 st

April 2021.

(ii) Fresh notice to be served on the defendant and his

Advocate. Affidavit-of-service to be filed on or before

17th April 2021.

(iii) List the IA on 21st April 2021.

(A. K. MENON, J.)

13-IA-865-2021.doc Dixit