Bombay High Court
Itc Ltd vs Soril Infra Resources Ltd on 2 February, 2022
Bench: B.P. Colabawalla
GANESH
SUBHASH
LOKHANDE 15-CHS-15-2019.doc
Digitally signed by
GANESH SUBHASH
LOKHANDE
Date: 2022.02.03 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
11:27:55 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 15 OF 2019
IN
EXECUTION APPLICATION (L) NO. 2652 OF 2018
ITC Ltd. .. Applicant
Vs.
Soril Infra Resources Ltd. .. Respondent
Respondent
Mutahhar Khan i/b. Rajesh Gupta for the Applicant.
Anil D'souza for the Respondent.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 2nd FEBRUARY, 2022.
(THROUGH VIDEO CONFERENCING)
P. C.:
1. In this matter, initially, there was an order passed by this
Court on 14th December, 2021, in which the Respondent was inter-alia
directed as follows:
" In view thereof, I pass the following order;
(i) There will be an order in terms of prayer clause (c).
(ii) All disclosures shall be of immovable and movable properties in respect
of particulars and nature of right in the property were to be disclosed.
Copies of the same to be furnished to the applicant's Advocate and
shall not be filed in the Court without leave of the Court.
(iii) Disclosure affidavits shall disclose all movable assets including Bank
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Accounts, deposits and investments in respondent/company and all
other forms of security shall also include bank account numbers and
Demat account numbers with the name(s) of the bank(s) and the
branch address(es) etc.
(iv) The disclosure shall include income tax returns for the last three years
along with Annexures thereto, statement of income computation and
schedules.
(v) As the aforesaid disclosure affidavits shall be signed by the Director
who is aware of the facts and who has personally verified the contents.
(vi) All documents and originals shall be offered for inspection within one
week from today.
(vii) Disclosure Affidavits to be filed on or before 20th December, 2021.
(viii) If the disclosure affidavits are not filed, Managing Director of the
Company and Company Secretary shall remain present in Court on 4 th
January, 2022 at 2.30 p.m., failing which, process may be issued to
secure their presence."
2. As can be seen from the above reproduction, the
Respondent was inter-alia directed to disclose the immovable and
movable properties of the Respondent, including the Income Tax
Returns for the last three years along with the annexures thereto. This
disclosure affidavit was to be filed on or before 20th December, 2021.
3. Thereafter, the matter came up on 4 th January, 2022. On
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the said date, Mr. D'souza, the learned advocate appearing on behalf of
the Respondent, stated that the Respondent has not filed their
disclosure affidavit (as directed by this Court on 14 th December, 2021) as
the Respondent was in the process of filing a Review Petition seeking a
review of the order dated 14th December, 2021. At that time, I put it to
the learned advocate that notwithstanding the pendency of the review,
the order dated 14th December, 2021 has to be complied with until it is
either reviewed or set aside. Accordingly, Mr. D'souza, fairly stated that
the Respondent, without prejudice to its rights and contentions in the
proposed Review Petition, shall comply with the order dated 14 th
December, 2021 within a period of two weeks from 4 th January, 2022.
The said statement was accepted as an undertaking given to the Court.
4. Thereafter, the matter came up on 18 th January, 2022. On
the said date, Mr. D'souza sought a further period of two weeks to file
the disclosure affidavit as ordered by this Court on 14 th December, 2021.
The reason why the extension was sought is because the Respondent-
Company is based in Delhi and due to the COVID-19 restrictions, the
office of the Respondent was working with very limited staff.
Considering these peculiar circumstances, I had directed the
Respondent to file its disclosure affidavit on or before 1 st February, 2022
and serve a copy of the same on the advocates for the
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Applicant/Judgment Creditor.
5. Thereafter, the matter came up yesterday when it was
adjourned to today for Mr. D'souza to take certain instructions.
Mr.D'souza has been unable to take the instructions from the
Respondent. Be that as it may, looking at the orders passed by this
Court from 14th December, 2021 onwards, it is clear that for some reason
or other the Respondent does not want to disclose its assets as ordered
by this Court. The entire attempt appears to be that the Review Petition
be heard first, so that they would not have to comply with the orders
passed by this Court regarding the disclosures.
6. In these circumstances, the Respondent is granted one last
opportunity to comply with the orders passed by this Court on 14 th
December, 2021 within a period of two weeks from today. It is needless
to clarify that these disclosures shall be without prejudice to the rights
and contentions of the Respondent in the Review Petition. It is made
clear that the Review Petition shall not be heard by this Court until the
aforesaid disclosures are made.
7. It is also needless to clarify that if this order is not complied
with, the Respondent shall be liable to be punished as contemplated
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under Order XXI, Rule 41 (3) of the Code of Civil Procedure, 1908.
8. Place the above matter on 17th February, 2022.
9. All parties to act on an authenticated copy of this order
digitally signed by the Personal Assistant /Private Secretary/Associate
of this Court.
(B. P. COLABAWALLA, J.)
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