Citation : 2021 Latest Caselaw 15876 Bom
Judgement Date : 16 November, 2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (LODGING) NO.23164 OF 2021
IN
EXECUTION APPLICATION (LODGING) NO.23160 OF 2021
Axis Bank
(Formerly known as UTI Bank Ltd.) .. Applicant-Award Holder
Vs.
Rajeev Kumar Pandey .. 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.2,71,876/- 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.
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 :-
28-IAL-23164-2021.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 ABHAY by SNEHA ABHAY DIXIT 28-IAL-23164-2021.doc Date:
Dixit 2021.11.16 DIXIT 16:13:45 +0530
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