Amrutlal Premji Patel vs Nirman Realtors And Developers ...
2021 Latest Caselaw 11810 Bom

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


                                            CHAMBER SUMMONS NO.1065 OF 2019
                                                             IN
                              COMMERCIAL EXECUTION APPLICATION NO.30 OF 2017


                     Amrutlal Premji Patel                         .. Applicant/Decree Holder
                              v/s.
                     Nirman Realtors & Developers
                     Limited & Ors.                           .. Judgment Debtors/Respondents



                     Mr. Aseem Naphade a/w Rekha Shinde i/b. Legal Chartered for the
                     applicant.

                     Mr. Makrand V. Raut a/w Manoj Nikam for respondent nos.1 to 3.


                                                              CORAM : A. K. MENON, J.

DATED : 25TH AUGUST, 2021.

P.C. :

1. By this Chamber Summons, the applicant seek a direction to the

judgment debtors to remain present in court so as to be examined

on oath as to their assets and to ascertain means of satisfying the

Consent Award dated 31st August, 2015. The applicant also seeks

a direction to produce the books of accounts and documents for Digitally

the said purpose.

signed by SANDHYA SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.08.26

16:12:41 +0530

13.chscd-1065-19.doc wadhwa

2. Respondent no.1 is a limited company. Respondent nos. 2 to 4 are

said to be Directors of respondent no.1. Today all respondents are

represented by counsel who states that a sum of Rs.62 lakhs has

been paid pursuant to the Consent Award. According to him,

there are reciprocal obligations which the applicants are not

complying with. This is sought to be disputed. Today Mr. Raut

states that there are minor issues pending which can be resolved

as amongst the parties. The fact remains that there is an award

for money and clause 11 of the Consent Award reveals that upon

receipt of the sum of Rs.2.80 crores with interest, the claimants

have to execute a "No Due Certificate" and thereby relinquish the

right, title and interest in respect of the development agreement

dated 14th February, 2008. Prima facie there appears to be no

reason for not complying with the Consent Award and making

payment of the aforesaid sum.

3. In that view of the matter and considering that there is no

affidavit in reply despite service of this application upon the

respondents in 2019, a fact that the respondents counsel fairly

admits, there is no reason to keep this application pending. In fact

this Chamber Summons is liable to be allowed. However,

13.chscd-1065-19.doc wadhwa considering the prayers, the following order is passed;

(i) The respondents shall file separate affidavits of disclosure

disclosing all their assets supported by relevant documents,

originals of which will be offered for inspection within one week

of such disclosure.

(ii) Disclosure affidavit shall accordingly be filed within three

weeks from today. Thus, by the end of 4 th week, inspection shall

also be completed.

(iii) In the meantime, after disclosure is completed, the applicant

will be at liberty to seek clarifications from the deponents of the

affidavits, If the disclosure is incomplete or inaccurate, it will be

necessary to examine the respondents on oath and to that extent

reserving liberty to apply in this very Chamber Summons.

(iv) The Chamber Summons is disposed, in the event of

non-compliance, liberty to revive this chamber summons.

(A. K. MENON, J.)

13.chscd-1065-19.doc wadhwa