Vida Jewellery L..L.C, U.A.E vs Rajesh Kumar Pratapbhai Soni ...
2021 Latest Caselaw 16186 Bom

                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                              ORDINARY ORIGINAL CIVIL JURISDICTION

                                               INTERIM APPLICATION NO. 1719 OF 2021
                                                                        WITH
                                                       NOTICE (L) NO. 12767 OF 2021
                                                                         IN
                                   COMMERCIAL EXECUTION APPLICATION NO. 15 OF 2021


                      Vida Jewellery L.L.C. U.A.E.                             ...     Applicant/Decree Holder
                               vs.
                      Rajesh Kumar Pratapbhai Soni                             ...     Judgment Debtor
                                     and
                      Bank of Baroda & Ors.                                    ...     Garnishees


                      Ms. Nidhi Singh i/b. India Law LLP for the Applicant.
                      Mr. Onkar A. Wable for the Respondent.
                                                                          CORAM : A. K. MENON, J.

DATED : 23rd NOVEMBER, 2021

P.C. :

1. This is an interim application filed in execution proceedings. Reply is

not on record though it is stated to be filed. Learned counsel for the

respondent submits that as set out in the reply he has a preliminary objection

to the Execution Application since there are no assets within the jurisdiction

of this Court. The applicant however seeks only disclosure of assets in terms

of prayer clause (b) and (c).

RAJESHWARI RAMESH PILLAI Digitally signed by RAJESHWARI RAMESH PILLAI

Date: 2021.11.25 21-nl-12767-2021-comex-15-2021-ia-1719-2021.odt 10:31:02 +0530 rrpillai

2. In my view there can be no opposition to an order of disclosure since it

is only a preliminary step in aid of execution. In view thereof I pass the

following order :

(i) There will be an order in terms of prayer clause (b) and (c).

(ii) Respondent no. 1 is directed to disclose assets as set out in the prayer.

The affidavit shall be filed by the respondent Rajesh Kumar Pratapbhai Soni

in person. In the meantime the applicant is directed to ascertain the identity

of Pratapbhai Narandas Soni who is also mentioned as one of the applicant.

Affidavit of disclosure to be filed by 7 th December, 2021.

(iii)    List on 13th December, 2021.



                                                                (A. K. MENON, J.)

21-nl-12767-2021-comex-15-2021-ia-1719-2021.odt rrpillai