Bombay High Court
Epimoney Pvt Ltd vs Munnar Castle And Anr on 24 November, 2022
Bench: B.P. Colabawalla
9 exal 2934-18..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
CHAMBER SUMMONS NO. 479 OF 2019
IN
ANJALI
TUSHAR
Digitally signed by
ANJALI TUSHAR
ASWALE
EXECUTION APPLICATION NO. (L) 2934 OF 2018
IN
Date: 2022.11.25
ASWALE 18:39:44 +0530
ARBITRATION CASE NO. GNP/ARB/FXL/LOT-3/004
Epimoney Private Ltd. .... Applicants
(Orig. Claimants/Decree Holder)
V/s.
Munnar Castle. ....Respondents
Judgment Debtors
Adv. Bijal Gogri a/w Shivangi Dixit i/b GNP Legal for the Applicants/
Claimants
CORAM:- B. P. COLABAWALLA,J.
DATE :- NOVEMBER 24, 2022.
P. C.:
1 The above Chamber Summons is filed seeking the following
reliefs:
"(a) That the Respondents be directed to deposit decretal
amount of a sum of Rs.3,57,171/- with further interest
on Rs. 3,57,171/- @ 18% p.a. from 12.04.2018 to
11/12/2018 till payment and/or realization thereof;
(b) That the Respondents 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
since the Decree/Award dated 06/08/2018 passed by the
Learned Arbitral Tribunal has remained unsatisfied for
more than 90 days from the date of its passing.
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(c) That the Respondents 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 this Hon'ble Court be please direct this Chamber
Summons to appear on Board of this Hon'ble Court after
the period of 15 days from the date of passing order
under Prayer (a) and (b) hereinabove for the following
further reliefs.
(e) That pending the hearing and final disposal of the
Chamber Summons, the order of injunction restraining
the Respondents 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 Respondents on affidavit as prayed in the prayer
clause (b) above;
(f) Pending the hearing and final disposal of this Chamber
Summons the Court Receiver High Court Mumbai be
appointed as a Receiver on the properties disclosed by the
Respondents as prayed for in prayer clause (b) above;
(g) That the Respondents be directed to disclose their means
on affidavit for satisfying the decree of the Applicants-
Claimants under execution as per section 51 of the Code
of Civil Procedure;
(h) That the Respondents be arrested and detained in civil
prison as per the provisions of Section 51 of the Code of
Civil Procedure.
(i) This Hon'ble Court be pleased to issue precept under
section 46 of the Code of Civil Procedure 1908 attaching
the properties belonging to Respondents and disclosed by
the Respondents under Order XXI Rule 41 of Code of
Civil Procedure and which are not within the jurisdiction
of this Hon'ble Court.
(j) The properties and salary of the Respondents be attached
and the Applicant-Claimant 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;
(k) The Respondents be arrested and detained in the civil
prison after issuing show cause notice as per the
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provisions of Order XXI Rule 37 as the decree for
payment of money of plaintiff is not satisfied by the
Respondents;
(l) The judgment Debtors Respondents 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;
(m) 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;"
2 The learned counsel appearing on behalf of the Applicant
brought to my attention the affidavit of service dated 17 th October,2022
in which it is stated that service has been duly accepted and confirmed
by the Respondent No.1 as more particularly set out in the said affidavit.
After perusing the affidavit, I am satisfied that the Respondent No.1 is
duly served.
3 In the above Execution Application, an Arbitral Award
dated 06th August, 2018 is sought to be executed under which the
Respondents was directed to pay to the Applicant as sum of Rs.
3,57,171/- together with further interest @ 18% p.a. from 12.04.2018
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
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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 only against Respondent
No. 1. The disclosure affidavit shall be filed by Respondent No. 1 within
a period of four weeks from today. The Advocates for the Applicant are
directed to serve a copy of this order by hand delivery on Respondent
No.1.
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. )
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