Bombay High Court
Axis Bank Ltd vs Piyush L. Vyas on 24 November, 2022
Bench: B.P. Colabawalla
13 exal 10734-22..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed by
INTERIM APPLICATION NO. 1520 OF 2022
ANJALI ANJALI TUSHAR
TUSHAR ASWALE
ASWALE
Date: 2022.11.25
18:56:48 +0530 IN
EXECUTION APPLICATION NO. (L) 10734 OF 2022
IN
ARBITRATION CASE NO. CC/390/2017
Axis Bank Limited ..Applicant
(Orig. Decree Holder)
V/s.
Piyush L. Vyas ..Respondent/
Judgment Debtor
Adv. Bijal Gogri a/w Shivangi Dixit i/b O M GUJAR LAW CHAMBERS
for the Petitioner
CORAM:- B. P. COLABAWALLA,J.
DATE :- NOVEMBER 24, 2022.
P. C.:
1 The above Interim Application is filed seeking the following
reliefs:
"(a) That the Respondent be directed to deposit decretal amount
of a sum of Rs. 3,46,308.57/- with further interest on Rs.
3,46,308.57/- @ 18% p.a. from 09.06.2017 till payment and / or
realization thereof;
(b) That the Respondent above named be required by an order of
this Hon'ble Court to file their Affidavit stating particulars of
their properties etc., as provided under Order 21 Rule 41 of the
Code of Civil Procedure, 1908.
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13 exal 10734-22..doc
(c) That the Respondent be detained in civil prison as per Order
21 Rule 41 Sub-rule 3 of the Code of Civil Procedure for non-
compliance of the order passed by this Hon'ble Court in terms of
prayer clause (b) hereinabove;
(d) That the Respondent be directed to disclose their means on
affidavit for satisfying the decree of the Applicant under
execution as per Section 51 of the Code of Civil Procedure;
(e) That pending the hearing and final disposal of the Interim
Application the order of injunction restraining the Respondent
their 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
the prayer clause (b) above;
(f) Pending the hearing and final disposal of this Interim
Application the Court Receiver High Court Mumbai be appointed
as a Receiver on the properties disclosed by the Respondent as
prayed for in prayer clause (b) above;
(g) That the Respondent be arrested and detained in civil prison
as per the provisions of the section 51 of the Code of Civil
Procedure;
(h) This Hon'ble Court be pleased to issue precept under section
46 of the Code of Civil Procedure 1908 attaching the properties
belonging to Respondent and disclosed by the Respondent under
Order XXI Rule 41 of Code of Civil Procedure and which are not
within the jurisdiction of this Hon'ble Court.
(i) The properties and salary of the Respondent be attached and
the Applicant be allowed to recover their dues from the same by
issuing Warrant for Sale under Order XXI Rule 64 of the Code of
Civil Procedure 1908 thereof;
(j) The Respondent be arrested and detained in the civil prison
after issuing show cause notice as per the provisions of Order XXI
rule 37 as the decree for payment of money of plaintiff is not
satisfied by the Respondents;
(k) The judgment Debtors Respondent be arrested by issuing a
Warrant for arrest as per the provision of Order XXI Rule 37 Sub-
Rule 2 of the Code of Civil Procedure;
(l) The judgment debtor be arrested and shall be brought before
the Hon'ble Court as per the Order 21 Rule 38 of the Code of
Civil Procedure;"
Aswale page 2 of 4
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2 The learned counsel appearing on behalf of the Applicant
brought to my attention the affidavit of service dated August 29, 2022 in
which it is stated that the Respondent is duly served, as more
particularly set out in the said affidavit. After perusing the affidavit, I
am satisfied that the Respondent is duly served.
3 In the above Execution Application, an Arbitral Award
dated 09.06.2017, is sought to be executed under which the Respondent
were directed to pay to the Applicant as sum of Rs. 3,46,308.57/-
together with further interest @18% p.a. from 09.06.2017 till payment
and/or realization. At the ad-interim stage, the learned counsel
appearing on behalf of the Applicant presses the above application in
terms of prayer clause (b) reproduced above.
4 Having heard the learned counsel appearing on behalf of
the Applicant, I do not see any impediment in granting the aforesaid
relief especially considering that there is not stay of the Arbitral Award
which is sought to be executed in the present proceedings.
5 In these circumstances, there will be ad-interim relief in
terms of prayer clause (b) reproduced above. The disclosure affidavit
shall be filed by the Respondent within a period of four weeks from
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today. The advocates for the Applicant are directed to serve a copy of
this order by hand delivery on the Respondent.
6 Stand over to 5th January, 2023.
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. )
Aswale page 4 of 4
