Vinod Lalji Nandu And 3 Ors vs Mohammad Imtiaz Yunus Khan And 2 ...
2021 Latest Caselaw 17657 Bom

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


                                   INTERIM APPLICATION NO.2296 OF 2021
                                                       IN
                     COMMERCIAL EXECUTION APPLICATION (L) NO.709 OF 2019


               Vinod Lalji Nandu & Ors.                      .. Applicants/Decree Holders/
                                                               Org.Plaintiffs
                         v/s.
               Mohammad Imtiaz Yunus Khan & Ors. .. Judg.Debtors/Org.Defendants



               Ms. Prajakta Sakpal for the applicants.

               Mr. Kaustubh Gupte for the defendants.


                                                         CORAM : A. K. MENON, J.

DATED : 20TH DECEMBER, 2021.

P.C. :

1. The applicants have filed IA seeking disclosure of assets of the

judgment debtors including statutory dues in terms of prayer

clauses (a) and (b) and also for appointment of Court Receiver to

take possession of the properties to be disclosed.

2. On behalf of the respondents, the learned counsel undertakes to

Digitally signed by SANDHYA enter appearance within one week from today. He submits that SANDHYA BHAGU BHAGU WADHWA WADHWA Date:

2021.12.22 15:43:56 +0530

26.ia-2296-21.doc wadhwa talks are underway to settle the claim of the applicants-plaintiffs.

Considering the fact that the decree is of February 2019 and no

appeal has been filed, the decree having become executable, an

order of disclosure is justified. Accordingly, I am of the view that

the respondents and each of them are required to disclose their

assets.

3. In view thereof, I pass the following order;

(i) Vakalatnama on behalf of respondents to be filed within one

week from today.

(ii) There will be an ad-interim order in terms of prayer clauses

(a) and (b).

(iii) Disclosure shall be complete in all respects.

(iv) Disclosure affidavits to be filed by the respondents separately

disclosing assets of the individual as well as of the partnership

firm. If there are any other partners other than respondent nos.1

& 2, such partners shall also file their affidavits of disclosure.

Disclosure affidavits shall be personally verified by the

respondent nos.1 & 2.

(v) Disclosure shall be filed within three week from today.

(vi) Copies of all documents in support of disclosure shall be

26.ia-2296-21.doc wadhwa furnished in advance to the other side. Copies shall not be filed in

court without leave of the court.

(vii) List for compliance on 10th January, 2022.

(A. K. MENON, J.)

26.ia-2296-21.doc wadhwa