Manish K. Ajmera And Anr vs Ketan T. Shah And 5 Ors
2021 Latest Caselaw 14338 Bom

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

                         CHAMBER SUMMONS NO.79 OF 2019
                                                    IN
          COMMERCIAL EXECUTION APPLICATION NO.1729 OF 2018

Manish K. Ajmera and Anr.                                       .. Applicants-Claimants
           Vs.
Ketan T. Shah and Anr.                                          .. Respondents-Judg. Debtors
          And
Vijay Kamal Properties Pvt. Ltd.                                .. Respondent


Mr. Sanjay Jain, with Mr. Anosh Sequeira, Mr. Naresh Chheda and Ms. Sakina
Electricwala, i/by Taurus Legal, for the Applicants-Claimants-Award Holders.

Mr. Rajiv Narula, i/by Jhangiani Narula & Associates, for the Respondents-
Judgment Debtors.

Mrs. Kanchan Rane, 1st Assistant to Court Receiver, is present.
                                                       CORAM : A. K. MENON, J.

                                                       DATE          : 4TH OCTOBER, 2021.

P.C. :

1. By this Chamber Summons, the applicants-award holders inter alia

seek mandatory injunctions to disclose on oath all assets of a judgment-debtor

and for handing over all sanctions, applications, records and sanction plans

pertaining to two wings of a building known as "Gaurav Discovery" described

in Schedule-1, annexed at Exhibit-A to the IA. Injunctions are also sought to

restrain the judgment-debtor and respondent no.1.

4-CHSCD-79-2019-Corrected Order Pursuant to Speaking to Minutes Order dt. 11-10-2021.doc Dixit

2. The learned counsel for the respondents seeks to oppose the application

on the basis that pursuant to an order passed on 26 th July 2021 in Interim

Application No.467 of 2021, Court Receiver has already been appointed of

several flats. Public notices have been issued and that order has now been

complied with.

3. Mr. Narula further states that the order of 26 th July 2021 protects the

judgment-creditors. In addition, Mr. Narula seeks to make reference to the

affidavit-in-reply, in which he states that he has pointed out that there are

several facts which are suppressed. Unfortunately, the reply has not been filed

on record, although the rejoinder is in place. That is an aspect to be

considered after the reply is filed.

4. Receiver confirms that the order dated 26 th July 2021 has been partly

complied. There is a grievance made by Mr. Jain that copies of the documents

furnished to the Receiver contains several documents which are not legible.

According to Mr. Narula, these are the only documents that he has been

provided with by the Municipal Corporation and other authorities. Receiver

shall accordingly take up the issue with the Municipal Corporation and seek

legible and certified copies of those documents. Let this be done before the

next date.

5. In the meantime, there is no occasion to refuse relief in terms of prayer

4-CHSCD-79-2019-Corrected Order Pursuant to Speaking to Minutes Order dt. 11-10-2021.doc Dixit clause (a) since admittedly the decree has not been satisfied, nor is the

respondent-judgment debtor willing to deposit the decretal sum in court.

Accordingly, I pass the following order :-

(i) There will be an order in terms of prayer clauses (a) and (c) of the Chamber Summons.

(ii) Disclosure affidavit to be filed on or before 25 th October 2021.

(iii) List the IA on 26th October 2021, along with Contempt Petition (Lodging) No.21680 of 2021, Chamber Summons Nos.3 of 2021 and 79 of 2019.

(iv) In the meantime, Receiver to obtain legible and certified copies of the documents, as stated above, from the Municipal Corporation and other concerned authorities.

(A.K. MENON, J.)

Digitally signed by

SNEHA SNEHA

4-CHSCD-79-2019-Corrected Order Pursuant to Speaking to Minutes Order dt. 11-10-2021.doc ABHAY DIXIT ABHAY Date:

DIXIT 2021.10.13

Dixit 10:23:22 +0530