B. S.N. Joshi And Sons Limited vs Logix Supply Chain Solutions Pvt. ...
2021 Latest Caselaw 4844 Bom

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

                     INTERIM APPLICATION (L) NO.2791 OF 2021
                                       IN
                 EXECUTION APPLICATION (L) NO.1332 OF 2019


B.S.N. Joshi & Sons Limited                    .. Applicant
         v/s.
Logix Supply Chain Solutions Pvt.Ltd.          .. Respondent


Mr.      Kunal Mehta a/w Ms. Gauri Joshi i/b. Ganesh & Co. for the
applicant.

None for the respondent.

                                         CORAM : A. K. MENON, J.

DATED : 17TH MARCH, 2021.

P.C. :

1. This IA is filed by the judgment creditor-decree holder who is a

successful claimant in arbitration. The respondent is absent. Mr.

Mehta seeks relief in terms of prayer clauses (a) and (d).

2. Prayer clause (a) is for a direction to disclose on oath the

properties movable and immovable and prayer clause (d) to

restrain the respondent from dealing with, disposing of and/or

immovable or movable properties and assets. Across the bar,

Mr. Mehta submits that there are three bank accounts

15.ial-2791-21.doc wadhwa mentioned in paragraph 5 of the application and that the

respondent be restrained from operating those accounts. Nothing

on record suggests that these bank accounts are in fact bank

accounts of the respondent.

3. Mr. Mehta submits that in the Execution Application, the bank

accounts have been disclosed in column (J) and that he seeks

attachment of those accounts. The applicant would even

otherwise have sought attachment of the bank accounts if they

belong to the respondent by applying for a warrant of attachment.

That has not yet been done.

4. Today no case is made out for grant of relief in terms of prayer

clause (d) but the relief of disclosure can be allowed. Therefore I

pass the following order;

(i) The respondent is directed to disclose on oath details of all

movable and immovable properties including but not limited to

bank accounts, shares, stocks, debentures or other securities and

all immovable properties held by the respondent within a period

of two weeks of service of this order upon the respondent.

(ii) List the IA on 21st April, 2021.

Digitally signed by Sandhya (A. K. MENON, J.) Sandhya Wadhwa Wadhwa Date:

2021.03.18

18:30:56 +0530

15.ial-2791-21.doc wadhwa