Power Equipments Trading Llc vs Ganpat Metal Industries And 3 Ors
2021 Latest Caselaw 16361 Bom

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

               INTERIM APPLICATION (LODGING) NO.26338 OF 2021
                                        IN
 COMMERCIAL EXECUTION APPLICATION (LODGING) NO.26334 OF 2021
                                        IN
                   COMMERCIAL SUMMARY SUIT NO.52 OF 2021

Power Equipments Trading LLC                           .. Applicant-Decree Holder
                Vs.
Ganpat Metal Industries and Ors.                       .. Respondents-Judg. Debtors


Mr. Shlok Parekh, with Mr. Tarak Shah, i/by Vaish Associates, for the
Applicant-Judgment Creditor.
Advocate, i/by BBT Legal, for the Respondents-Judgment Debtors.


                                          CORAM : A. K. MENON, J.

                                          DATE     : 25TH NOVEMBER, 2021.
P.C. :

1. Learned counsel for the decree holder seeks an order of disclosure in

terms of assets of the respondents-judgment debtors. On behalf of the

respondents, learned counsel submits that the debt is admitted and that

arrangements will be made for payment of debt that is due.

2. In the meanwhile, in my view, it is appropriate that an order of

disclosure is passed. Accordingly, I pass the following order :-

(i) The respondents-judgment debtors are directed to disclose on oath, by filing separate affidavits of disclosure of assets, movable and immovable, owned by

16-IAL-26338-2021.doc Dixit them inclusive of bank accounts, demat account statements in respect of shares, securities and mutual funds and all other properties. Income Tax Returns for the last three years of each of the respondents-judgment debtors shall also be filed.

(ii) All documents shall be filed in a compilation, which will be served upon the Advocates for the applicant- decree holder within a period of two weeks from today.

(iii) In the meantime, a chart compiling all of these shall be kept ready but shall not be filed till further orders of the court.

(iv) Let the affidavits-of-disclosures be filed on or before 9 th December 2021.

(v) Liberty to apply after disclosure affidavits are filed or if disclosure affidavits are not so filed.

                                                                                              (A.K. MENON, J.)




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        ABHAY DIXIT
ABHAY   Date:
        2021.11.26
                           16-IAL-26338-2021.doc
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