Bombay High Court
Prodywood Sarl vs Mediente Films International ... on 6 December, 2022
Bench: B.P. Colabawalla
20.ia(l).6524.2022.doc
UTKARSH
KAKASAHEB
BHALERAO
Digitally signed by
UTKARSH
KAKASAHEB
BHALERAO
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Date: 2022.12.08
14:52:54 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 6524 OF 2022
IN
COMMERCIAL SUIT NO. 176 OF 2022
Prodywood SARL .. Applicant
In the matter between:
Prodywood SARL .. Plaintiff
Vs.
Mediente Films International
Pvt Ltd. .. Defendant
Dr.Abhinav Chandrachud a/w Parag Khandhar and Ashwini Hariharan i/b
DSK Legal for the Plaintiff.
Prakash Nichani i/b Shailendra Singh for Defendant.
CORAM:- B. P. COLABAWALLA,J.
DATE :- DECEMBER 06, 2022.
P. C.:
1. The above Suit is filed seeking enforcement of a foreign
decree passed by a Court in France.
2. The Interim Application is filed seeking various reliefs
including an order of deposit as well as for attachment before judgment
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20.ia(l).6524.2022.doc
and disclosures.
3. At the ad-interim stage, Dr. Chandrachud, the learned
counsel appearing on behalf of the Plaintiff, presses the above Interim
Application for directing the Defendant to disclose on oath all its
movable and immovable assets/properties including all bank accounts
and statement of accounts thereof.
4. The learned advocate appearing on behalf of the Defendant
submitted that he has just received instructions to appear in the matter
and sought for time.
5. I am unable to accede to his request for the simple reason
that the Defendant was served with the above paper and proceedings as
far back as in July, 2022. Merely because the Defendant has informed
his advocate at the last minute, cannot be a ground for granting time to
the Defendant.
6. In these circumstances and considering that there is a
decree of a French Court against the Defendant in the amount of
Euro 399,077.47 (Euros Three Lakhs Ninety Nine Thousand Seventy
Seven and Forty Seven Cents), and which has not been challenged by
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20.ia(l).6524.2022.doc
the Defendant in a Court of competent jurisdiction, this is a fit case for
the Defendant to disclose on oath all its movable and immovable
assets/properties including all bank accounts and statement of accounts
thereof.
7. The Disclosures shall be made by the Defendant in the
following manner:
(a) Immovable properties:
All immovable properties wherever situated, whether in
India or overseas, with complete details sufficient to
identify the properties. If any of these are in any way
encumbered, full particulars of such encumbrance/s
including the name of the security holder/secured creditor,
the details of the financial obligations secured, and the
amount yet due as secured by those properties will also be
disclosed.
(b) Movable Assets:
(i) Non-financial: All non-financial movable assets of the
acquisition or replacement value of more than
Rs.50,000/- including all particulars as described above.
(ii) Financial assets: All investments and demat accounts
with full particulars, including all holdings and
encumbrances.
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20.ia(l).6524.2022.doc
(iii) Bank accounts: All bank accounts with account numbers,
bank names, branches, account types and holding patterns.
Bank statements for the last one year are required for all
accounts.
(c) Tax and Financial Returns:
Copies of all tax and financial returns for the last three
years, including all supporting balance sheets, Profit & Loss
accounts, income-expenditure statements and
computations of income.
8. These Disclosures shall be made by the Defendant within a
period of 4 weeks from today. Once these Disclosures are made, the
Plaintiff is at liberty to apply for further ad-interim reliefs which shall be
decided on its own merits and in accordance with law.
9. 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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