Manish K. Ajmera And Anr vs Ketan T. Shah And Anr
2021 Latest Caselaw 14391 Bom

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

                      INTERIM APPLICATION NO.467 OF 2021
                                 ALONG WITH
           CONTEMPT PETITION (LODGING) NO.21680 OF 2021
                                      IN
        COMMERCIAL EXECUTION APPLICATION NO.1729 OF 2018
                                 ALONG WITH
                   CHAMBER SUMMONS NO.79 OF 2019
Manish K. Ajmera and Anr.                   .. Applicants-Claimants
         Vs.
Ketan T. Shah and Anr.                      .. Respondents-Judg. Debtors
         And
Vijay Kamal Properties Pvt. Ltd.            .. Respondent
                                 ALONG WITH
                   CHAMBER SUMMONS NO.3 OF 2021
                                      IN
        COMMERCIAL EXECUTION APPLICATION NO.1729 OF 2018
Manish K. Ajmera and Anr.                   .. Applicants-Claimants
         Vs.
Ketan T. Shah                               .. Respondent-Judg. Debtor
         And
Vijay Kamal Properties Pvt. Ltd. and Ors.   .. Respondents
         And
The Collector and Ors.                      .. Proposed Respondents


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.

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4-IA-467-2021.doc
Dixit
                                           CORAM : A. K. MENON, J.

                                          DATE      : 4TH OCTOBER, 2021.

P.C. :

1. By this IA, 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.

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-IA-467-2021.doc Dixit

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

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 IA.

(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 SNEHA by SNEHA ABHAY DIXIT 4-IA-467-2021.doc ABHAY Date:

DIXIT 2021.10.04 17:20:09 +0530 Dixit