Bombay High Court
Axis Bank (Formerly Known As Uti ... vs Surendra Ramesh Jaiswal on 24 November, 2022
Bench: B.P. Colabawalla
12 exal 4604-22..doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 700 OF 2022
IN
ANJALI Digitally signed by
ANJALI TUSHAR
EXECUTION APPLICATION NO. (L) 4604 OF 2022
TUSHAR ASWALE
Date: 2022.11.25
ASWALE 18:41:14 +0530
IN
ARBITRATION CASE NO.AXIS/ARB/LOT-37/4370
Axis Bank Limited
(formerly known as UTI Bank Ltd.) .. Applicant
(Orig. Decree Holder)
V/s.
Surendra Ramesh Jaiswal ..Respondent/
Judgment Debtor
Adv. Bijal Gogri a/w Adv. 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. 4,19,041/- with further interest on
Rs.4,19,041/- @ 18% p.a. from 10.10.2018 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.
(c) That the Respondent be detained in civil prison as per
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12 exal 4604-22..doc
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 his 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
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
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 Respondent;
(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;"
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2 The learned counsel appearing on behalf of the Applicant
brought to my attention the affidavit of service dated 4 th November,
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 22nd February, 2019 is sought to be executed under which the
Respondent was directed to pay to the Applicant as sum of Rs.
4,19,041/- together with further interest @ 18% p.a. from 10.10.2018
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
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
today. The advocates for the Applicant are directed to serve a copy of
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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. )
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