Bombay High Court
Punjab National Bank ... vs Naresh Malhotra And Anr on 14 July, 2021
Bench: A. K. Menon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 11153 OF 2021
IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 11151 OF 2021
Punjab National Bank ... Applicant
(International) Limited
vs.
Naresh Malhotra and Anr. ... Respondents
Mr. Vivek Kapoor i/b. M/s. M. T. Miskita & Co. for the Applicant / Decree
Holder.
Mr. Sajid Shamim i/b. M/s. Shamim & Co. for Respondent no. 1.
CORAM : A. K. MENON, J.
DATED : 14th JULY, 2021.
[THROUGH VIDEO CONFERENCE]
P.C. :
1. The interim application filed by the bank seeks several reliefs of which
Mr. Kapoor, appearing in support, seeks relief in terms of prayer clause (a)
and (e) which are reproduced below:
(a). That pending hearing and final disposal of the above Execution
Application, this Hon'ble Court be pleased to direct Judgment Debtor 1 and
Judgment Debtor 2 to disclose and provide under affidavits on oath:
Digitally
signed by
RAJESHWARI
RAJESHWARI RAMESH
RAMESH PILLAI
PILLAI Date:
2021.07.15
13:39:36
+0530
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(i). full and complete details and particulars of all their monies, securities,
shareholdings, salaries, assets and properties, movable and immovable, whether
encumbered or unencumbered and wheresoever situate, in which they, or either of
them, have/has, a direct or indirect right, title or interest of any nature whatsoever;
(ii). copies of their Income Tax Returns for the last 5 years;
(iii). copies of statements of all their bank and Demat accounts;
(iv). full and complete details of all debts owing, and/or due and/or payable to
them; and,
(v). details of all transactions in respect of the monies, securities, movable and
immovable properties and assets owned and/or held by them since the year 2011.
(e). That pending hearing and final disposal of the Execution Application, this
Hon'ble Court be pleased to pass an order of injunction restraining Judgment
Debtor 1 and Judgment Debtor 2, by themselves, and/or through their officers,
employees, servants, and/or agents, from dealing with, selling, transferring,
alienating, encumbering and/or disposing off and/or parting with the possession of
their monies, securities and movable and immovable assets and properties and to
maintain status quo in respect thereof, including in respect of the properties and
assets set out in paragraph 47 of this Application which are also set out in the
Schedule in Column (J) of the Execution Application.
Effectively he seeks disclosure of assets of judgment debtor nos. 1 and 2 and
in the interim an injunction restraining them from dealing with and parting
with those assets and maintaining status quo in relation thereto. He submits
that both judgment debtors have been served. He relies upon affidavit of
service of one Mr. Umair Merchant dated 12th July, 2021.
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2. At this stage Mr. Shamim appearing on behalf of judgment debtor no. 1
seeks to oppose the application. He undertakes to file an affidavit in reply
along with vakalatnama within one week from today.
3. Judgment debtor no. 2 is a Limited Company with its office in
Mumbai. Mr. Kapoor states that he is entitled to reliefs against judgment
debtor no.2 as well. Judgment debtor no.2 is not present on this video
conference hearing. Perusal of the affidavit of service reveals that notice has
been dispatched to the address of the company by Registered Post. Copies of
the postal receipts are annexed. The learned counsel for the plaintiff states
that judgment debtor no. 2 has also been served by email at the address
provided in the website of the Ministry of Corporate Affairs. Copies of these
emails are also annexed to the affidavit of service. Perusal of the extract of
the website of the Ministry at Exhibit F to the affidavit in service shows email
address for service. However, it appears that emails have bounced back to
the Advocates for the applicant. Mr. Kapoor however states that the postal
packet has been served as evident from Exhibit D which confirms delivery. It
records that the item was delivered to judgment debtor no. 2 on 16 th June,
2021. Today Mr. Shamim has no instructions to appear for respondent no.2.
In view thereof I pass the following order :
(i) There will be an ad-interim order against Respondent no. 2 in terms of
prayer clause (a) and (e) of the interim application which are reproduced in
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paragraph 1 above. The company shall comply within a period of two weeks
of service of this order upon them.
(ii) Mr. Shamin shall file vakalatnama and reply on behalf of respondent
no. 1 or before 22nd July, 2021.
(iii) Rejoinder, if any, to be filed by 29 th July, 2021.
(iv) List on 2nd August, 2021 for further orders.
(A. K. MENON, J.)
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