Bombay High Court
Shubhmangal Textile Industries ... vs Subhtex(India) Ltd And 3 Ors on 8 March, 2022
Bench: B.P. Colabawalla
22-IA-471-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
IN ITS COMMERCIAL DIVISION
INTERIM APPLICATION NO. 471 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 132 OF 2017
ShubhMangal Textile Industries LLP .. Applicant
IN THE MATTER BETWEEN:
ShubhMangal Textile Industries LLP .. Applicant
Vs.
Subhtex (India) Ltd. & Ors. .. Respondents
Ms. Deepali Bagla i/b. Bagla & Associates for the Applicant.
CORAM :- B. P. COLABAWALLA, J.
DATE :- 8th MARCH, 2022.
P. C.:
1. The above Interim Application is filed seeking the following
reliefs:
"i. that this Hon'ble Court be pleased to issue order and directed
to the Respondent/Judgment Debtor and its directors to
disclose on oath such property/properties,movable as well as
immovable, whether held by them or held through any other
person or entity as may be owned by them or any of them and
the encumbrance, if any, thereon;
ii. all transactions entered into inter se by and between them, their
respective Directors, Officers and any other family members of
the directors of the Respondent-Company from the year 2014
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till date;
iii. disclose all Bank Statements of all Bank Accounts held by
them, theirrespective Directors, Officers and all family members
of directors of the Respondent-Company from the year 2014
and provide copies of all Bank Statements of all Bank Accounts
held by Respondent herein;
iv. the Income Tax Returns of Judgment Debtor/ Respondent and
its Directors and such persons from the year 2014 till date along
with their respective Audit Reports;
v. details of shareholding patterns of the Respondent/ Judgment
Debtor and its Directors in such persons/ entity and/ or orally
examine them or any one or more of them in this regard as per
Rule 41 of Order XXI of the Code of Civil Procedure Code,
1908;
vi. that the Respondent be directed to deposit decreetal amount a
sum of Rs. 1,17,95,000/- with further interest at the rate of
interest @18% p.a. from 19th August, 2016 till payment and/ or
realization thereof;
vii. that the Respondent nos. 2 to 4 be detained in the civil prison
as per Order 21 Rule 41 (3) of the Code of Civil Procedure, 1908
for non-compliance of the Order passed by this Hon'ble Court
in terms of prayer clause (i) hereinabove;
viii. that this Hon'ble Court be pleased to direct this Interim
Application to appear on board of this Hon'ble Court after the
period of 15 days from the date of passing order under prayers
(i), (ii), (iii), (iv), (v) and (vi) hereinabove for the following
further reliefs;
ix. that pending the hearing and final disposal of the
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Interim Application, an Order of Injunction restraining the
Respondent and its Directors, servants and agents or any
persons claiming through them from transferring and/or
creating any third party rights on the properties disclosed by
the Respondent on affidavit as prayed in prayer clause (i), (ii),
(iii), (iv), (v) and (vi) above;
x. that pending the hearing and final disposal of this Interim
Application, a Court Receiver, High Court, Mumbai be
appointed as a Receiver on the properties disclosed by the
respondent and its directors as prayed for in prayer clause (i)
above;
xi. that the Respondent be directed to disclose their means on
Affidavit for satisfying the decree of the Petitioner under
execution as per Section 51 of the Code of Civil Procedure,
1908;
xii. that the Respondents be ordered and directed to disclose their
means for payment of decretal amount as per section 51 of Code
of Civil Procedure Act 1908 and on their failure to disclose their
means the directors of the Respondent-Company be arrested
and detained in civil prison as per the provisions of Section 51 of
the Code of Civil Procedure, 1908;
xiii. this Hon'ble Court be pleased to issue precept under Section 46
of Code of Civil Procedure, 1908 attaching the properties
belonging to Respondent- Company and its directors as
disclosed by the Respondent and its directors under Order XXI
Rule 41 of the Code of Civil Procedure, 1908 and which are not
within the jurisdiction of this Hon'ble Court;
xiv. the properties and salary of the directors of the Respondent-
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Company be attached and the Petitioner be allowed to recover
their dues from the same;
xv. the directors of the Respondent-Company be arrested and
detained in the Civil prison after issuing show cause notice as
per the provision of Order XXI Rule 37 of the Code of Civil
Procedure, 1908 as the decree for payment of money of the
Petitioner is not satisfied by the Respondent- Company;
xvi. the Directors of the Judgment Debtor/ Respondent- Company
be arrested by issuing a warrant for arrest as per the provision
of Order XXI Rule 37 (2) of the Code of Civil Procedure, 1908;"
2. The learned advocate appearing on behalf of the
Applicant/Decree Holder has tendered two Affidavits of Service both
dated 7th March, 2022 evidencing service of the above Application on the
Respondent/Judgment Debtors. It appears from the said facts that the
Interim Application has been served on the Respondents only on
Saturday i.e. 5th March, 2022.
3. In these circumstances, I adjourn the above matter to 22 nd
March, 2022.
4. In the meanwhile, the learned advocate for the Applicant is
directed to serve a copy of this order on all the Respondents within a
period of two weeks from today.
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22-IA-471-2022.doc
5. It is made clear that if the Respondents do not appear on
the next occasion despite service, this Court shall proceed to pass orders
in their absence.
6. Stand over to 22nd March, 2022.
7. All parties to act on an authenticated copy of this order
digitally signed by the Personal Assistant /Private Secretary/Associate
of this Court.
Digitally
signed by
GANESH
GANESH
SUBHASH
(B. P. COLABAWALLA, J.)
SUBHASH LOKHANDE
LOKHANDE Date:
2022.03.09
17:07:21
+0530
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