Beacon Trusteeship Limited And ... vs Earthcon Constructions Private ...
2022 Latest Caselaw 6558 Bom

                                                                                  145..doc
           Digitally signed
           by LAXMI
LAXMI      SUBHASH
SUBHASH    SONTAKKE


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SONTAKKE   Date:
           2022.07.13
           12:26:00 +0530




                                             ORDINARY ORIGINAL CIVIL JURISDICTION
                                         INTERIM APPLICATION (L) NO. 19942 OF 2022
                                                                  IN
                                COMMERCIAL EXECUTION APPLICATION (L) NO. 19934 OF 2022


                              Beacon Trusteeship Ltd. & Anr.                 ..Applicants/Decree Holders
                                       Vs.
                              Earthcon Constructions Pvt. Ltd. & Ors.        ..Respondents/Judg.Debtors



                              Mr. Piyush Raheja a/w Vikrant Zunjarrao & Sagar Vichare i/b.
                              Zunjarrao & Co., for the Applicants.
                              Mr. Chirag Chanani for the Respondent Nos. 1 to 3.


                                                               CORAM:- B. P. COLABAWALLA,J.

DATE :- JULY 12, 2022.

P. C.:

1. Mentioned. Taken out of turn.

2. A grievance is made by Mr. Raheja, the learned Advocate

appearing on behalf of the Decree Holder, that despite there being an

order for disclosure, Judgment Debtor No.2 has not disclosed all their

assets and particular one bank account in Induslnd Bank which was

opened by Judgment Debtor No.2 on 15th January, 2020.

                              Laxmi                                                          page 1 of 2
                                                     145..doc

3. The learned Advocate appearing on behalf of Judgment

Debtor Nos. 1 to 3, on instructions, stated that inadvertently, the

aforesaid disclosure was left to be made. He however, submitted that a

further disclosure affidavit shall be filed giving all records and details in

relation to the aforesaid bank account and the Judgment Debtor No.2

will also explain in the affidavit all the entries of the credits and debits

in the said bank account.

4. Considering the statement made today, it is directed that

this further disclosure affidavit in relation to the Induslnd Bank account

shall be filed on or before 22 nd July, 2022 and a copy of the same shall

be served on the Advocates for the Decree Holder.

5. Place the above matter on 28th July, 2022, 'for ad-interim

reliefs' (HOB).

6. 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 2 of 2