Edward Mauritius Ltd. And Anr vs Kakade Estate Developers Private ...
2021 Latest Caselaw 15582 Bom

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

              INTERIM APPLICATION (LODGING) NO.24451 OF 2021
                                        IN
 COMMERCIAL EXECUTION APPLICATION (LODGING) NO.24448 OF 2021

Edward Mauritius Ltd. and Anr.                  .. Applicants-Award Holders
                Vs.
Kakade Estate Developers Pvt. Ltd. and Ors.     .. Resp. 1 to 5-Judg. Debtors
                And
Vistra ITCL (India) Ltd. and Anr.               .. Resp. 6 & 7-Org. Claimants


Mr. Zal Andhyarujina, Sr. Advocate, with Mr. Aditya Shiralkar, Ms. Nanki
Grewal, Mr. Yash Sethna and Ms. Manasi Joglekar, i/by Wadia Ghandy and
Co., for the Applicants-Award Holders-Original Respondent Nos.6 and 7.

Mr. G.S. Godbole, i/by Mr. Rahul Soman, for Respondent Nos.1 to 5-Judgment
Debtors.

                                         CORAM : A. K. MENON, J.

                                         DATE      : 28TH OCTOBER, 2021.

P.C. :

1. In this IA filed in execution proceedings, the award holders, who are

the applicants, seek to proceed in execution of the consent award. At this ad-

interim stage, they seek disclosure on oath of movable and immovable

properties of the respondents 1 to 5-judgment debtors in terms of prayer

clause (a) of the IA.

2. Mr. Godbole submits that such disclosure will be made. Accordingly, I

pass the following order :-

4-IAL-24451-2021.doc Dixit

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

the IA.

(ii) Disclosure affidavit shall be filed by each of the

respondents 1 to 5-judgment debtors by filing their

personal affidavits, after verifying the contents of the

disclosures, by 22nd November 2021.

(iii) All supporting documents in original shall be offered

for inspection on or before 22nd November 2021.

(iv) In the event the documents are voluminous, copies

thereof shall not be filed with the disclosure affidavits to

be filed in the court, but shall be kept ready for

tendering if occasion so arises.

(v) List the IA on 29th November 2021.

(A.K. MENON, J.)

Digitally signed

SNEHA 4-IAL-24451-2021.doc by SNEHA ABHAY DIXIT ABHAY Date:

Dixit 2021.10.28 DIXIT 18:39:12 +0530