Axis Bank Ltd vs Mohd Sadiq K Shaikh
2021 Latest Caselaw 17771 Bom

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

                INTERIM APPLICATION (LODGING) NO.25207 OF 2021
                                           IN
               EXECUTION APPLICATION (LODGING) NO.25203 OF 2021

Axis Bank Ltd.                                      .. Applicant-Decree Holder
         Vs.
Mohd. Sadiq Shaikh                                  .. Respondent-Judg. Debtor


Ms. Juhi Bhogle, with Ms. Sonali Sabale and Mr. M.B. Kale, i/by O.M. Gujar
Law Chambers, for the Applicant-Decree Holder.

None for the Respondent-Judgment Debtor.


                                             CORAM : A. K. MENON, J.

                                             DATE      : 21ST DECEMBER, 2021.

P.C. :

1. The applicant-decree holder held an award in a sum of Rs.2,57,925/-

and in an effort to attach the property of the respondent-judgment debtor, the

learned counsel seeks disclosure of assets in terms of prayer clauses (b) and

(d) of the IA. She states that the IA has been duly served, affidavit-of-service is

ready and she undertakes to file the same in the registry by 23 rd December

2021.

2. Accordingly, I pass the following order :-

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

and (d) of the IA, which read as under :-

44-IA(L)-25207-2021.doc Dixit "(b). That the Respondent abovenamed be required by an order of this Hon'ble Court to file his affidavit stating particulars of his properties etc., as provided under Order 21 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-disclosure to be filed within a period of two weeks

from today.

(A.K. MENON, J.)

44-IA(L)-25207-2021.doc Digitally signed SNEHA by SNEHA ABHAY DIXIT ABHAY Date:

DIXIT   2021.12.22
        17:19:17 +0530     Dixit