Sourav Chandidas Ganguly vs Percept Talent Management Ltd. ...
2021 Latest Caselaw 9081 Bom

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

              INTERIM APPLICATION (LODGING) NO.14042 OF 2021
                                          IN
 COMMERCIAL EXECUTION APPLICATION (LODGING) NO.13320 OF 2021

Sourav Chandidas Ganguly                           .. Applicant-Judg. Creditor
               Vs.
Percept Talent Management Ltd. & Anr.              .. Respondents-Judg. Debtors


Mr. Samrat Sen, Sr. Advocate, with Dr. Birendra Saraf, Sr. Advocate, with Mr.
Paritosh Sinha, Mr. I.J. Nankani, Mr. H.S. Khokhawala, Mr. Amitava Mitra, Ms.
Shrayashee Saha and Mr. Jishnujit Roy, i/by Nankani & Associates, for the
Applicant-Judgment Creditor.
Mr. Shardul Singh, with Mr. Parag Khandhar and Ms. Saloni Shah, i/by DSK
Legal, for Respondents-Judgment Debtors.


                                            CORAM : A. K. MENON, J.

                                            DATE     : 12TH JULY, 2021.
                                            [THROUGH VIDEO CONFERENCE]

P.C. :

1. By this IA, the applicant seeks to enforce an Award dated 9 th December

2018 in terms of the reliefs sought. Today, at the ad-interim stage, Dr. Saraf

appearing for the applicant seeks relief in terms of prayer clauses (a) and (b).

2. Mr. Singh, who appears for the respondents fairly states that he has

instructions to submit to the orders in terms of prayer clauses (a) and (b) with

a clarification that save and except for payment of audit fees and statutory

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fees payable to the Registrar of Companies, which will not exceed

Rs.15,000/-, no other amounts will be utilized by the respondents.

3. In view thereof, I pass the following order :-

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

(a) and (b) of the IA.

(ii) Each respondent is permitted to disburse a sum upto

Rs.15,000/- towards payment of auditor's fees and

statutory fees.

(iii) Affidavit-of-disclosure shall be filed by a Director of each

of the companies. The Directors concerned will have to

obtain all necessary instructions from the Finance

Department so that the affidavits-of-disclosure are

complete in all respects, without any shortfall.

(iv) All supporting documents shall be offered for inspection

on or before 20th July 2021.

(v) Inspection shall be granted on 23rd July 2021, without fail.

(vi) Copies of documents shall also be furnished to the

Advocates for the applicant.

(vii) It is clarified that only the documents having reference in

disclosure affidavits shall be filed. All documents need not

be filed at this stage. However, original documents shall be

kept ready for production in court, if called upon.

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(viii) List the IA on 26th July 2021 for recording compliance /

for further ad-interim relief.

(A. K. MENON, J.)

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