Rbl Bank Limited vs Mitesh V Hindocha
2022 Latest Caselaw 12343 Bom

                                                                                         13.exa(l).27442.2022.doc
UTKARSH
KAKASAHEB
BHALERAO
Digitally signed by
UTKARSH KAKASAHEB
BHALERAO
Date: 2022.11.30
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:50:02 +0530

                                     ORDINARY ORIGINAL CIVIL JURISDICTION

                                      INTERIM APPLICATION NO. 4379 OF 2022
                                                                 IN
                               EXECUTION APPLICATION (L) NO. 27442 OF 2022
                                                                 IN
                           ARBITRATION CASE NO. DGL/ARB/RBL-CC/L-04/082


                      RBL Bank Ltd                                         .. Applicant
                                                                            (Org. Decree Holder)

                               Vs.

                      Mitesh V Hindocha                                    .. Respondent

                      Adv. Bijal Gogri a/w Adv. Shivangi Dixit i/b GNP Legal for the Applicant.


                                                             CORAM:- B. P. COLABAWALLA,J.

DATE :- NOVEMBER 29, 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.2,89,883.9/- with further interest on Rs. 2,89,883.9/- @ 24% p.a. from 03/12/2021 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

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13.exa(l).27442.2022.doc

21 Rule 41 of the Code of Civil Procedure, 1908.

(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 Respondents 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;

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                                                                 13.exa(l).27442.2022.doc



        (k)    The Judgment Debtor/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;"

2. The learned counsel appearing on behalf of the Applicant

brought to my attention the Affidavit of Service dated 22 nd November,

2022 in which it is stated that service has been duly accepted and

confirmed by the Respondent, 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 16th April, 2022 is sought to be executed under which the

Respondent was directed to pay to the Applicant a sum of

Rs. 2,89,883.9/- together with further interest @ 24% p.a. from

03/12/2021 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

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13.exa(l).27442.2022.doc

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

this order by hand delivery on the Respondent.

6. Stand over to 10th 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. )




     Utkarsh                                                       page 4 of 4