Ashok Avhad vs Roy Creado
2021 Latest Caselaw 8917 Bom

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


                    INTERIM APPLICATION (L) NO.7533 OF 2021
                                           IN
                COMMERCIAL EXECUTION (L) NO.4919 OF 2021


Ashok Avhad                                       .. Applicant
         v/s.
Roy Creado                                        .. Respondent



Mr. Archit Jayakar i/b. Jayakar & Partners for the applicant.

Mr. Ashish Suryawanshi for the respondent.


                                             CORAM : A. K. MENON, J.

DATED : 8TH JULY, 2021.

(THROUGH VIDEO CONFERENCE) P.C. :

1. On 1st April, 2021, the judgment debtor was directed to disclose

his assets in terms of prayer clause 8(a). Disclosure was to be

made within four weeks. It appears that no such disclosure

affidavit has been filed.

2. On 1st April, 2021, Mr. Suryavanshi had represented the

respondent. On his behalf counsel undertook to enter appearance,

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no appearance has been filed till date. Upon circulation being

granted, the matter was listed on 6 th July, 2021 on which date Mr.

Suryawanshi expressed his inability to assist the court since he

had not received any instructions. He had not been given

vakalatnama. Accordingly, on the request of Mr. Suryawanshi,

the matter was listed today and he was requested to communicate

the order of 6th July, 2021 to his client which he says he has done.

He has also been contacted by the respondent and he has been

explained to him the order passed by this court.

3. No vakalatnama has been executed in favour of Mr. Suryawanshi

even today. He therefore states that he does not have instructions

to appear in the matter and seeks discharge. There is no occasion

to discharge Mr. Suryavanshi since no vakalatnama has been filed

in the first place. Mr. Suryawanshi further confirms that the order

of 1st April, 2021 had been communicated to the respondent only

yesterday.

4. In these circumstances, since the respondent is now aware of the

order although belatedly, an affidavit of disclosure shall be filed

on or before 16th July, 2021, failing which suitable orders will

have to be passed to secure the presence of the respondent in this

6.IAL-7533-21.doc wadhwa

Court. Mr. Suryawanshi is directed to inform the respondent to

file his disclosure on or before 16th July, 2021 and this order.

5. S.O. to 19th July, 2021.

(A. K. MENON, J.)

6.IAL-7533-21.doc wadhwa