Bombay High Court
Anand Rathi Share And Stock ... vs Anish Navnitrai Mehta Huf on 4 January, 2022
Bench: B.P. Colabawalla
9.IA.3091.21..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
ANJALI ANJALI TUSHAR
TUSHAR ASWALE
Date: 2022.01.04
ASWALE 16:52:03 +0530
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 3091 OF 2021
IN
COMM. EXECUTION APPLICATION NO.57 OF 2021
Anand Rathi Share and Stock brokers Ltd ..Applicant/Orig.
Claimant/Award Holder
Vs.
Anish Navnitrai Mehta HUF ..Respondent
Mr. Simil Purohit a/w Nishant Chotani i/b Sonal Doshi & Co, for the
Applicant.
Mr.Sushil Chourasia i/b SKC Legal, for the Respondent.
CORAM:- B. P. COLABAWALLA,J.
DATE :- JANUARY 4, 2022.
(THROUGH VIDEO CONFERENCING)
P. C.:
In order to enable the Judgment Debtor to file a further
affidavit of disclosure, the matter is stood over to 13th January, 2022.
2 In the said affidavit, the Judgment Debtor shall give the
details of:-
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9.IA.3091.21..doc
i. Unit Numbers etc of the properties listed at Exhibit-1 (Page 120)
of the affidavit dated 20th December, 2021, including the details
regarding the mortgage created in favour of IMMIX Trade Pvt Ltd
and whether the Judgment Debtor and/or any family members of
Judgment Debtor has any share holding or connection with the
said IMMIX Trade Pvt Ltd.
ii. Similarly, the Judgment Debtor shall explain to the Court the last
five entries on page no. 127 of the said affidavit wherein the
Judgment Debtor has received certain sums from Centrum
Housing Finance Ltd and Star Union Daiichi Insurance Company
Ltd. These entries are required to be explained because at page
135 of the said affidavit, it is reflected that monies are payable to
these entities rather than the Judgment Debtor having to receive
any amount from them.
iii. On page 135 of the said affidavit, the Judgment Debtor shall have
to disclose as to whether they are a related party to Ravi Agro
Seeds Corporation and to which the Judgment Debtor owes
approximately 4.93 Crores.
iv. Lastly, the Judgment Debtor shall also explain the entry on page
150 of the said affidavit, wherein the amount of Rs. 2.50 Crores
has been transferred by the Judgment Debtor from his ICICI
Bank Account No.042801500428 to another bank account
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9.IA.3091.21..doc
standing in the name of the Anish Navnitlal Mehta.
v. The Judgment Debtor shall also disclose his holdings in various
mutual funds as on 31st December, 2021.
3 This affidavit shall be filed on or before the next date and a
copy of the same shall be served on the advocates for the Judgment
Creditor. On the next date, the Judgment Debtor is also directed to
remain present in this Court through Video Conferencing.
4 Stand over to 13th January, 2022.
5 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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