Manish K. Ajmera And Anr vs Ketan T. Shah And 2 Ors
2021 Latest Caselaw 15570 Bom

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

                       INTERIM APPLICATION NO.467 OF 2021
                                                IN
          COMMERCIAL EXECUTION APPLICATION NO.1729 OF 2018

Manish K. Ajmera & Anr.                                                .. Applicants
         Vs.
Ketan T. Shah & Anr.                                                   .. Respondents
                            ALONG WITH
            CONTEMPT PETITION (LODGING) NO.21680 OF 2021
                                 IN
                 INTERIM APPLICATION NO.467 OF 2021
                                 IN
          COMMERCIAL EXECUTION APPLICATION NO.1729 OF 2018

Manish K. Ajmera & Anr.                                    .. Petitioners-Claimants
         Vs.
Ketan T. Shah & 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 & Anr.                                                .. Applicants
         Vs.
Ketan T. Shah & Anr.                                                   .. Respondents
         And
The Collector & Ors.                                                   .. Prop. Respondents



Mr. Anosh Sequeira, with Mr. Naresh Chheda and Ms. Sakina Electricwala,

                                                1/3
22-IA-467-2021 & CPCDL-21680-2021 & CHSCD-3-2021 & CHSCD-79-2019.doc
Dixit
 i/by Mr. Sanjay Jain and Mr. Anosh Sequiera, with Mr. Naresh Chheda and
Ms. Sakina Electricwala, i/by Taurus Legal, for the Applicants.
Mr. Rajiv Narula, i/by Jhangiani Narula & Associates, for Respondent Nos.1
and 2.
Ms. K.M. Rane, 1st Assistant to Court Receiver, with Mrs. S.V. Golatkar, Master
(Admin.), Office of the Court Receiver, is present.



                                                   CORAM : A. K. MENON, J.

                                                   DATE        : 28TH OCTOBER, 2021.

P.C. :

1. Mr. Narula states that the affidavit-of-disclosure, it appears, does not

disclose status of various shares held by the respondent no.1-judgment debtor

in various companies listed in Schedule-D (at pages 6D to 6F) to the

Execution Application. He states that he will seek instructions as to whether

the respondent no.1-judgment debtor continues to hold these shares. If yes, he

will disclose the distinctive numbers of the shares in each of these companies.

If these shares have been disposed, Mr. Narula submits that he will disclose

particulars of those shares as to when the shares were disposed and at what

price. In addition, the judgment-debtor's interest in the partnership firms

listed in Sechdule-D, under heading IV, on pages 6H and 6I, along with his

stake in each of the projects listed therein, shall also be disclosed in additional

affidavit to be filed by 16th November 2021.

2. List the IA on 18th November 2021.

3. Meanwhile, at the request of Mr. Narula, time to file reply to the

22-IA-467-2021 & CPCDL-21680-2021 & CHSCD-3-2021 & CHSCD-79-2019.doc Dixit Contempt Petition (Lodging) No.21680 of 2021 is extended upto 16 th

November 2021.

4. In addition, if there is any other shortfall in disclosure, Advocates for

the claimants-judgment creditors shall inform Mr. Narula of the same within

one week from today.

(A.K. MENON, J.)

Digitally signed by

SNEHA 22-IA-467-2021 & CPCDL-21680-2021 & CHSCD-3-2021 & CHSCD-79-2019.doc SNEHA ABHAY DIXIT ABHAY Date:

DIXIT Dixit 2021.10.29 16:52:29 +0530