Sbi General Insurance Company Ltd vs Icons Print Media Pvt. Ltd
2022 Latest Caselaw 6297 Bom

           Digitally signed
           by LAXMI
                                                                            27 ia 3399-21..doc
LAXMI      SUBHASH
SUBHASH    SONTAKKE
SONTAKKE   Date:
           2022.07.06


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           18:20:55 +0530




                                           ORDINARY ORIGINAL CIVIL JURISDICTION
                                            INTERIM APPLICATION NO. 3399 OF 2021
                                                                 IN
                                       EXECUTION APPLICATION (L) NO. 29269 OF 2021


                              SBI General Insurance Co. Ltd.             ..Applicant/Org.Claimant
                              IN THE MATTER BETWEEN
                              SBI General Insurance Co. Ltd.          ..Org.Claimant/Award Holder
                                      Vs.
                              Icons Print Media Pvt. Ltd.                ..Respondent/Award Debtor


                              Mr.Simil Purohit a/w Mr. Punit Damodar, Ms. Nikita Vardhan and
                              Mr. Vishal Tiwari i/b. Kanga & Co., for the Applicant.
                              Mr. Yuvraj Marvankar i/b. Suraj Kaushik for the Respondent.

                                                               CORAM:- B. P. COLABAWALLA,J.

DATE :- JULY 05, 2022.

P. C.:

1. When the above matter is called out, it has been pointed out

that by order dated 17th March, 2022, the Respondent/Award Debtor

was directed to disclose their assets as more particularly set out in the

said order. A grievance is made that the said order has not been

complied with till date.

2. The learned Advocate appearing on behalf of the

Respondent/Award Debtor sought to justify this non compliance on the

basis that a Section 34 Petition is filed challenging the award being Laxmi page 1 of 3 27 ia 3399-21..doc

executed in the above Execution Application. He submitted that this

Petition is pending and the same is now fixed on 14 th July, 2022 at 2.30

p.m. for hearing. He submitted that it is in these circumstances that the

order dated 17th March, 2022 has not been complied with.

3. Having heard the learned Advocate appearing on behalf of

the Respondent/Judgment Debtor, I find that his arguments are

completely devoid of any merit. There is an order passed by this Court

on 17th March, 2022 directing the Respondent to disclose its assets. This

order still holds the field and has not been set aside. Further the Court

hearing the Section 34 Petition but has not passed any order in favour of

the Respondent staying the execution and/or implementation of the

Award which is put into execution in the present proceedings. Hence, I

find that there is absolutely no justification for not complying with the

order dated 17th March, 2022.

4. In these circumstances, as a last chance, the

Respondent/Award Debtor is directed to file its disclosure affidavit as

per the order dated 17th March, 2022 on or before 11 th July, 2022 and

serve a copy of the same on the Advocates for the Applicant.

5. It is made clear, that if the said affidavit is not filed by the

next date as indicated above, this Court may be constrained to take

Laxmi page 2 of 3 27 ia 3399-21..doc

action as contemplated under Order XXI Rule 41 (3) of the Code of Civil

Procedure, 1908.

6. Stand over to 12th July, 2022.

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. )




Laxmi                                                                page 3 of 3