Beacon Trusteeship Limited And ... vs Earthcon Constructions Private ...
2022 Latest Caselaw 5949 Bom

                                                                                   25.ial.19942.22..doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
ANJALI   Digitally signed by

TUSHAR
         ANJALI TUSHAR
         ASWALE
         Date: 2022.06.27
                                          INTERIM APPLICATION(L)NO. 19942 OF 2022
ASWALE   18:08:38 +0530



                                                                       IN
                                   COMMERCIAL EXECUTION APPLICATION(L)NO.19934 OF
                                                                     2022



                               Beacon Trusteeship Ltd & Anr                    ..Applicants/Decree
                                                                               Holders/Orig.Claimants


                                          Vs.
                               Earthcon Constructions Pvt Ltd
                               & Ors                                           ..Judgment
                                                                               Debtors/Orig.Respondents



                               Mr.Piyush Raheja a/w Vikrant Zunjarrao, Abhishek Adke, Sagar
                               Vichare i/b Zunjarrao & Co, for the Applicants/Decree Holders.
                               Mr.Rohit K. Gupta i/b Chirag Chanani, for the Judgment Debtors.


                                                                    CORAM:- B. P. COLABAWALLA,J.

DATE :- JUNE 27, 2022.

P. C.:

Mentioned. Taken out of turn.

                               2                This Interim Application is filed inter alia for directing the

                               Aswale                                                                     page 1 of 3
                                               25.ial.19942.22..doc

Judgment Debtors to disclose on oath all their assets as more

particularly set out in prayer clauses (b) and (c) of the Interim

Application. A request is also made that the orders passed by this Court

on 17th September, 2019 in Commercial Arbitration Petition(L)No.851 of

2019 and the order dated 27th February, 2020 in Commercial

Arbitration Petition(L)No. 1264 of 2019 be continued until further

orders.

3 The learned counsel appearing on behalf of the Judgment

Debtors (Respondent Nos.1 to 4) has stated that the order passed by this

Court on 17th September, 2019 in Commercial Arbitration Petition (L)

No.851 of 2019 and the order dated 27th February, 2020 in Commercial

Arbitration Petition (L) No. 1264 of 2019 can be continued. It is

accordingly ordered that the orders passed by this Court on 17 th

September, 2019 in Commercial Arbitration Petition(L)No.851 of 2019

and the order dated 27th February, 2020 in Commercial Arbitration

Petition (L) No. 1264 of 2019 shall continue to operate until further

orders.

4 The learned counsel appearing on behalf of the Judgment

Debtors seeks time to file an affidavit in reply to the above Interim

Application. Acceding to this request, it is directed that the Judgment

Aswale page 2 of 3

25.ial.19942.22..doc

Debtors shall file their affidavit in reply to the above Interim

Application, if any, on or before 11th July, 2022 and serve a copy of the

same on the advocates for the Applicants.

5 List the above Interim Application for "ad-interim reliefs"

on 12th July, 2022.

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. )




Aswale                                                                 page 3 of 3