Axis Bank Ltd vs Bhavna Manohar Hirani
2021 Latest Caselaw 17744 Bom

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

                       INTERIM APPLICATION NO.2718 OF 2021
                                          IN
               EXECUTION APPLICATION (LODGING) NO.25237 OF 2021

Axis Bank Ltd.                               .. Applicant-Award Holder
         Vs.
Bhavna Manohar Hirani                        .. Respondent-Judgment Debtor

Ms. Juhi Bhogle, with Ms. Sonali Sabale, i/by O.M. Gujar Law Chambers, for
the Applicant-Award Holder.

None for the Respondent-Judgment Debtor.


                                             CORAM : A. K. MENON, J.

                                             DATE      : 21ST DECEMBER, 2021.
P.C. :

1. The application seeks a direction (i) to deposit the decreetal amount, (ii)

detention of the respondent-judgment debtor in civil prison, (iii) direction to

the respondent-judgment debtor for disclosure of assets and; (iv) an

injunction restraining the respondent-judgment debtor from disposing the

properties disclosed on affidavit.

2. There are a total twelve prayers. The claim is only Rs.1,06,789/-. No

steps have been taken to attach salary of the respondent-judgment debtor or

any attempts made to ascertain ownership of the residential address provided

herein. Learned counsel for the applicant-award holder states that today she

is only seeking disclosure. Affidavit-of-service dated 21 st December 2021 is

tendered today, which indicates that postal packet has been served.

30-IA-2718-2021.doc Dixit

3. Accordingly, at the request of learned counsel for the applicant-award

holder, I pass the following order :-

(i) Subject to filing of affidavit-of-service in the registry,

there will be an ad-interim order in terms of prayer

clauses (b) and (d) of the IA, which reads as under :-

"(b). That the Respondent above named be required by an order of this Hon'ble Court to file his affidavit stating particulars of his properties etc., as provided under Order XXI Rule 41 of the Code of Civil Procedure, 1908.

(d) That the Respondent be directed to disclose his means on affidavit for satisfying the decree of the Applicant under execution, as per Section 51 of the Code of Civil Procedure."

(ii) Affidavit-of-service to be filed in the registry by 28 th

December 2021, failing which this order will stand

vacated.

(iii) The learned counsel for the applicant-award holder to

serve an authenticated copy of this order upon the

respondent-judgment debtor within a period of two weeks

from today.

(iv) Affidavit-of-disclosure to be filed by the respondent-

judgment debtor within a period of four weeks from the

date of receipt of a copy of this order.

(A.K. MENON, J.)

Digitally signed SNEHA 30-IA-2718-2021.doc by SNEHA ABHAY DIXIT ABHAY Date:

Dixit 2021.12.23 DIXIT 16:32:25 +0530