Devbrata Bhabatosh Moulick vs Aloka Mukherjee And Ors
2021 Latest Caselaw 15473 Bom

                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION


                                     INTERIM APPLICATION (L) NO.23950 OF 2021
                                                            IN
                             COMMERCIAL EXECUTION APPLICATION NO.2179 OF 2018


                    Devbrata Bhabatosh Moulick & Ors.              .. Applicants/Orig. Claimants/
                                                            Judgment Creditors/ Decree Holders
                             v/s.
                    Shrusti Sangam Developers Pvt.Ltd.
                    & Ors.                                               .. Judgment Debtors
                             And
                    Srushti Raj Enterprises (I) Ltd. & Ors.              .. Respondents


                                                          WITH
                             COMMERCIAL EXECUTION APPLICATION NO.2179 OF 2018
                                                          WITH
                                           CHAMBER SUMMONS NO.1270 OF 2018


                    Mr. Bhavin H. Gada a/w Ms. Najafia i/b. Harakchand & Co. for the
                    applilcants/Decree Holder.

                    Mr. Ravi Kotian i/b. Farzeen Khambatta for Judgment Debtor nos.1 & 2.

                    Mr. Chetan Agrawal a/w Nikita B for respondent no.3.

                    Mr. Anil Bagwe for respondent no.8-Bharat Co-op. Bank.


                                                              CORAM : A. K. MENON, J.

DATED : 27TH OCTOBER, 2021.

P.C. :

Digitally signed by SANDHYA SANDHYA BHAGU

BHAGU WADHWA WADHWA Date:

2021.10.28 16:41:01 +0530

25.comex-2179-18.doc wadhwa

1. In IA(L)no.23950 of 2021, the applicants-judgment creditors seek

urgent ad-interim reliefs in terms of disclosure of assets of the

judgment debtors. The case of the applicant is that the applicants

are the owners of the suit property upon which the judgment

debtor no.1-respondent was to construct a building and provide

six flats. The flats have not been delivered, construction has not

progressed, apart from construction of a shell. The flats being

incomplete, the flats are then being sold to persons who are said

to be bonafide purchasers. The flats are also said to be mortgaged

to respondent bank Bharat Cooperative Bank which bank claims

that these premises are security for a loan said to have been

advanced by them. The counsel for the bank is present today. He

seeks time to enter appearance and file a reply.

2. On behalf of judgment debtor nos.1 & 2, the learned counsel who

appears today states that she has no instructions and that she has

returned the papers to respondent nos.1 & 2. The Advocates

concerned have not obtained discharge and as such are still in the

conduct of proceedings. In view of the facts narrated above, I am

of the view that prima facie case is made out for granting interim

relief in terms of prayer clause (a).

25.comex-2179-18.doc wadhwa

3. In view thereof, I pass the following order;

(i) There will be an ad-interim order in terms of prayer clause (a)

which is reproduced below;

"(a) that pending the hearing and final disposal of the present Execution Application, this Court be pleased to order and direct the Judgment Debtors to disclose on oath all the particulars of assets and properties, movable as well as immovable of the Judgment Debtors to this Court under Order 21 Rule 41 of the Code of Civil Procedure, 1908."

(ii) The Judgment Debtors are directed to comply on or before 12 th

November, 2021.

(iii) In the meantime, replies, if any, to be filed on or before 15 th

November, 2021.

(iv) Rejoinder to be filed by 18th November, 2021.

(v) S.O. to 22nd November, 2021.

(A. K. MENON, J.)

25.comex-2179-18.doc wadhwa