Bombay High Court
Vinod Lalji Nandu And 3 Ors vs Mohammad Imtiaz Yunus Khan And 2 ... on 5 April, 2022
Bench: B.P. Colabawalla
15.ia.2296.21..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ANJALI Digitally signed by
ANJALI TUSHAR
TUSHAR
IN ITS COMMERCIAL DIVISION
ASWALE
Date: 2022.04.07
ASWALE 12:23:33 +0530
INTERIM APPLICATION NO. 2296 OF 2021
IN
COMMERCIAL EXECUTION APPLICATIPON (L) NO. 709 OF 2019
Vinod Lalji Nandu& Ors. ...Applicants/Orig.
Decree Holders / Plaintiffs
IN THE MATTER BETWEEN:
Vinod Lalji Nandu& Ors. ...Decree Holders /
Original Plaintiffs
Versus
Mohammad ImtiazYunus Khan
& Ors. ...Judgment Debtors
/Original Defendants
Mr. Rohan Kelkar a/w Gargi Bhagwat and Yohan Mehta i/b Divekar
Bhagwat & Co., for the Applicants
Mr. Saurabh Jain, for the Respondents/Judgment Debtors.
CORAM:- B. P. COLABAWALLA,J.
DATE :- APRIL 5, 2022.
P. C.:
On 25th January 2022, the learned Advocate appearing on
behalf of the Judgment Debtors made a statement that his clients shall,
within a period of two weeks from that date, make a disclosure on oath
of each of the bank accounts referred to in paragraph 8 of Judgment
Debtor No. 1's Disclosure Affidavit dated 15th January 2022 (hereinafter,
"1st Affidavit"), from 15th February 2019 till date. That statement was
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15.ia.2296.21..doc
accepted as an undertaking given to the Court.
2 Judgment Debtor No. 1 then filed such Affidavit on 23rd
February 2022 (hereinafter, "2nd Affidavit"), in which he made the
following statements in relation to each of the aforementioned bank
accounts:
Sr. Accoun Bank Holder Remarks
No t No.
.
1. Savings Dena Bank Mohammad Paragraph 8 of the
Account (now Bank Imtiaz Yunus 2ndAffidavit, inter
No. 4095 of Baroda) Khan alia, states, "...I
(Judgment tried to procure the
Debtor No. 1) Account Statement
from the said Bank
but the same was
not handed over...as
the Account is
dormant."
2. Savings Dena Bank RehanaYunu Paragraph 9 of the
Account (now Bank s Khan 2nd Affidavit, inter
No. 2327 of Baroda) (Judgment alia, states, "...
Debtor No. 3) [Judgment Debtor
No. 3]...is currently
not in a position to
go to the bank and
apply for the
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15.ia.2296.21..doc
Account
Statement...I have
tried submitting a
letter...but the same
has not been
accepted by the
Bank."
3. Current Dena Bank S. M. Exhibit "G" of the 2nd
Account (now Bank Construction Affidavit is not an
No. 2340 of Baroda) s (Judgment "Account
Debtor No. 2) Statement". It states,
"A/C MIGRATED..."
(@ pg. 21 of the 2nd
Affidavit) and
contains 3 entries
from "12-12-2020 to
07-02-2022" (@ pg.
22 of the 2nd
Affidavit).
4. Current Dena Bank Mohammad Exhibit "E" of the 2nd
Account (now Bank Imtiaz Yunus Affidavit is not an
No. 3377 of Baroda) Khan "Account
(Judgment
Statement". It
Debtor No. 1)
states, "A/C
MIGRATED..." (@
pg. 17 of the 2nd
Affidavit) and
contains 3 entries
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from "12-12-2020 to
07-02-2022" (@ pg.
18 of the 2nd
Affidavit).
5. Savings Dena Bank Mohammad The period of the
Account (now Bank Imtiaz Yunus statement (@ pgs. 6-
No. 6209 of Baroda) Khan 7 of the 2nd Affidavit)
(Judgment is only "01-12.2020
Debtor No. 1) to 31-12-2021", and
the same contains no
narration.
6. Current Dena Bank Minal Exhibit "F" of the 2nd
Account (now Bank Construction Affidavit is not an
No. 3437 of Baroda) (Partner - "Account
Judgment Statement". It states,
Debtor No. 1) "A/C MIGRATED..."
(@ pg. 19 of the 2 nd
Affidavit) and
contains 3 entries
from "12-12-2020 to
07-02-2022" (@ pg.
20 o f the 2nd
Affidavit).
7. Savings Excellent Mohammad The Statements (@
Account Bank Imtiaz Yunus pgs. 4 & 5 of the 2nd
No. Khan Affidavit) are
43650 (Judgment illegible and have no
Debtor No. 1) narration.
8. Savings Indian Mohammad The Statements (@
Account Bank Imtiaz Yunus pgs. 10 & 11 of the
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No. Khan 2nd Affidavit) are
6475334 (Judgment illegible and have no
9. Current Indian I&I Ex. "D" to the 2 nd
Account Bank Associates Affidavit has no
No. (Sole narration.
6272383 Proprietor -
283 Judgment
Debtor No. 1)
10. Current Indian S. M. Paragraph 10 of the
Account Bank Construction 2nd Affidavit states
No. s (Judgment that a letter of 8th
6289415 Debtor No. 2) February 2022 was
809 submitted to the
Bank, but that the
statement "has not
been given by the
bank so far".
11. Current Indian Minal Paragraph 11 of the
Account Bank Construction 2nd Affidavit states
No. (Partner - that a letter of 8th
9971673 Judgment February 2022 was
Bank, but that the
statement "has not
been given by the
bank so far".
3 In view of the above, each of the banks named in the third
column of the table above are directed to file certified copies of
complete statements (with narration) of the bank accounts respectively
mentioned in the second column above, for the period from 15 th
February, 2019 to 31st March, 2022.
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4 Such statements shall be filed with the Registry of this
Court no later than on 14th April, 2022, under intimation to the
Advocates for both the parties at their respective e-mail addresses,
below:
Applicants: [email protected] (Attn.: Ms Gargi
Bhagwat)
Judgment Debtors: [email protected] (Attn.: Mr.
Kaustubh Gupte
5 Upon receipt of intimation(s), the Advocates shall be at
liberty to apply for and obtain copies of the statements filed in keeping
with paragraphs 3 and 4 of this order, on or before 21st April, 2022.
6 List this matter on 26th April, 2022 under the caption " for
directions".
7 This order will be digitally signed by the Private
Secretary/Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
( B. P. COLABAWALLA, J. )
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