Drive India Enterprise Solutions ... vs Haier Telecom (India) Pvt. Ltd
2021 Latest Caselaw 4860 Bom

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


                       CHAMBER SUMMONS NO.1015 OF 2019
                                        IN
         COMMERCIAL EXECUTION APPLICATION NO.849 OF 2019


Drive India Enterprise Solutions Ltd.               .. Plaintiff
         v/s.
Haier Telecom (India) Pvt.Ltd.                      .. Respondents



Mr. Sarosh Bharucha a/w Amogh Joshi & Ms. Prerna Shankar i/b. M/s.
Bharucha & Partners for the plaintiff.

Mr. Anand Pai a/w Rutvij Solanki & Megha Keluskar for the
respondents/judgment debtors.


                                         CORAM : A. K. MENON, J.

DATED : 17TH MARCH, 2021.

P.C. :

1. At the hearing of this Chamber Summons today, the applicant's

counsel has submitted that despite orders passed from time to

time and commencing from 19 th November, 2019, the

respondents have been required to file affidavits of disclosure. In

particular order dated 11 th March, 2020 records the statement of

counsel for the respondent that the affidavits of disclosure in

40.chscd-1015-19.doc wadhwa terms of prayer clauses A(i) to A(v) will be filed within one week.

That was more than a year ago. Thereafter by order dated 19 th

June, 2020 the Court directed and it was made clear to counsel

for respondent that absent strict compliance of the order, relief in

terms of prayer clause (c) may have to be granted.

2. Once again on 3rd July, 2020 the matter was adjourned to 6th July,

2020. On 6th July, 2020 the respondent was directed to file hard

copy of the entire papers and proceedings with the registry. Time

was also granted for filing any further affidavit, if they so

desired.

3. On 20th July, 2020, Mr. Pai on behalf of the respondent stated

that all documents were not "readily available". The submission

was not accepted and the court directed the respondent to file the

affidavit clarifying as to why the documents are not available.

This affidavit was to be filed by 17 th August, 2020. On 24th

August, 2020 this Court heard the matter after recording the lack

of compliance observed that the order of 20 th July, 2020 had not

been complied with and that compliance should be effected by 7 th

September, 2020. The matter was adjourned to 14 th September,

40.chscd-1015-19.doc wadhwa 2020. On 14th September, 2020, by consent, it was stood over to

24th September, 2020.

4. Disclosure was still incomplete. On 16th February, 2021 Mr.

Khandeparkar sought time to file a complete disclosure. It is

appropriate to mention that the order of disclosure was passed in

March 2020. Thus, even today it is submitted that certain

documents and particulars of debts of the respondents are still not

available.

5. Mr. Pai has no instructions. It appears that the Advocates for the

respondent are helpless and have not been given instructions. In

the circumstances, it seems appropriate that this Court grants

relief in terms of prayer clause (c) consequent upon non-

compliance. However, today Mr. Bharucha seeks the relief in

terms of prayer clause A(v). One last opportunity is therefore

granted to the respondents to comply since it is obvious that the

conduct of the respondents indicates abuse of process and the

liberty granted to the respondents repeatedly.

40.chscd-1015-19.doc wadhwa

6. In view of the above, I pass the following order;

(i) IA is made absolute in terms of prayer clause (a)(v). The

remaining prayers will be considered later.

(ii) Mr. Arun Kishore Khanna, the Director and Promoter shall

appear in this Court on 8th April, 2021 at 11.00 a.m.

(A. K. MENON, J.)

Digitally signed by Sandhya Sandhya Wadhwa Wadhwa Date:

2021.03.18 18:35:58 +0530

40.chscd-1015-19.doc wadhwa