Axis Bank (Formerly Known As Uti ... vs Tushar Balu Khaire
2021 Latest Caselaw 15875 Bom

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

               INTERIM APPLICATION (LODGING) NO.22984 OF 2021
                                        IN
           EXECUTION APPLICATION (LODGING) NO.22980 OF 2021
Axis Bank
(Formerly known as UTI Bank Ltd.)                .. Applicant-Award Holder
         Vs.
Tushar Balu Khaire                               .. Respondent-Judg. Debtor


Ms. Juhi Bhogle, with Ms. Sonali Sabale, Mr. M.B. Kale and Ms. Gauri M. Joshi,
i/by O.M. Goyal Law Chambers, for the Applicant-Award Holder.

None for the Respondent-Judgment Debtor.


                                          CORAM : A. K. MENON, J.

                                          DATE      : 16TH NOVEMBER, 2021.
P.C. :

1. This IA is taken out by the applicant-award holder seeking direction to

the respondent to deposit the decretal sum of Rs.3,89,225/- and, in the

meanwhile, disclose assets sufficient to satisfy the award passed in favour of

the applicant-bank.

2. Respondent is absent on call. Affidavit-of-service is produced before

the court, which indicates that the respondent is served. The learned counsel

for the applicant undertakes to file affidavit-of-service in the registry. Notice

indicates that the matter will be listed today. Respondent being absent on call,

I am of the view that an order of disclosure is required to be passed.

Accordingly, I pass the following order :-

22-IAL-22984-2021.doc Dixit

(i) Affidavit-of-service to be filed in the registry within one

week from today.

(ii) There will be an ad-interim order in terms of prayer

clauses (b) and (d) of the IA.

(iii) Respondent shall file disclosure affidavit within two

weeks of service of authenticated copy of this order.

(iv) It is made clear that if disclosure affidavit is not filed

within the stipulated time, the court will be constrained

to issue warrant of arrest against the respondent.

(v) Copy of this order shall be served personally on the

respondent through bailiff of the Sheriff of Bombay.

(A.K. MENON, J.)

Digitally signed

SNEHA 22-IAL-22984-2021.doc by SNEHA ABHAY DIXIT ABHAY Date:

Dixit 2021.11.16 DIXIT 16:12:25 +0530