Bombay High Court
Vinod Lalji Nandu And 3 Ors vs Mohammad Imtiaz Yunus Khan And 2 ... on 25 January, 2022
Bench: B.P. Colabawalla
2.IANo.22962021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 2296 OF 2021
in
COMMERCIAL EXECUTION APPLICATION (L) NO. 709 OF
2019
Vinod Lalji Nandu & Ors. .. Applicants
IN THE MATTER BETWEEN :
Vinod Lalji Nandu & Ors. .. Applicants
Vs.
Mohammad Imitaz Yunus Khan & Ors. .. Respondents
-----------
Mr. Rohan Kelkar a/w. Ms. Gargi Bhagwat i/b. Divekar Bhagwat
& Co., Advocate for the Applicants.
Mr.Kaustubh Gupte, Advocate for the Respondents.
CORAM :- B.P.COLABAWALLA, J.
DATE :- 25th JANUARY 2022.
P. C.:
1 Today when the matter is called out, the learned
advocate appearing for the Judgment Creditors has made a
grievance that the disclosure affidavit dated 15 th January 2022
does not truly and fully disclose the assets of the Judgment
Debtors. He brought to my attention paragraph 8 of the
aforesaid affidavit which lists out all the bank accounts
Gaikwad RD 1/3
2.IANo.22962021.doc
standing in the name of the Judgment Debtors as well as some
partnership firms in which he is a partner. Apart from giving
names of the banks and the account numbers, no details
whatsoever are given in the disclosure affidavit. The learned
advocate appearing on behalf of Judgment Creditors, therefore,
submitted that the Judgment Debtors be directed to disclose
on oath the bank statements of each of the accounts
mentioned in paragraph 8 from 15th February 2019 till date.
The learned Advocate stated that this disclosure is required
because the decree was passed against the Judgment Debtors
on 15th February 2019.
2 The learned advocate appearing on behalf of the
Judgment Debtors has stated that the aforesaid disclosure, as
sought by the Judgment Creditors, shall be made within a
period of two weeks from today. The said statement is
accepted as an undertaking given to the Court.
3 The next grievance made by the learned advocate
appearing on behalf of the Judgment Creditors was that no
details have been given by the Judgment Debtors in relation to
the property and the partnership firms mentioned in paragraph
Gaikwad RD 2/3
2.IANo.22962021.doc
5 of the affidavit dated 15th January 2022. The learned
advocate appearing on behalf of the Judgment Debtor has
stated that all the details with relation to the property
mentioned in paragraph 5 shall be disclosed on oath within a
period of two weeks from today. He has further stated that he
shall also give all the details in relation to the partnership firms
of S. M. Constructions and Minal Constructions Company within
a period of two weeks from today. The aforesaid statements
are accepted as undertakings given to the Court.
4 In the meanwhile, the Judgment Debtors are
restrained from operating the bank accounts mentioned in
paragraph 8 of the affidavit dated 15 th January 2022 except in
the ordinary course of business.
5 In this view of the matter, list the above matter on
8th February 2022.
6 All parties to act on an authenticated copy of this
order duly signed by the Personal Assistant/Private
Secretary/Associate of this Court.
(B. P. COLABAWALLA, J.)
Gaikwad RD 3/3
Digitally
signed by
RAJU
RAJU DATTATRAYA
DATTATRAYA GAIKWAD
GAIKWAD Date:
2022.01.27
12:42:43
+0530
