Bombay High Court
Neo Growth Credit Pvt Ltd vs Gotiz Health Care Ltd And 3 Ors on 29 November, 2022
Bench: B.P. Colabawalla
10.exa(l).336.2022.doc
UTKARSH
KAKASAHEB
BHALERAO
Digitally signed by
UTKARSH KAKASAHEB
BHALERAO
Date: 2022.11.30
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
19:50:01 +0530
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 1256 OF 2022
IN
EXECUTION APPLICATION NO. (L) 336 OF 2022
IN
ARBITRATION CASE NO. NEO/VSA/ARB/17/7/9
Neo Growth Credit Private Limited ...Applicant
(Org. Decree Holder)
Vs.
Gotiz Health Care Limited & Ors .. Respondents
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 Respondents be directed to deposit decretal amount of
a sum of Rs.59,08,360/- with further interest on
Rs.59,08,360/- @ 18% p.a. from 31/03/2018 till payment
and/or realization thereof;
Utkarsh page 1 of 4
10.exa(l).336.2022.doc
(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.
(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 the Respondents 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 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 Interim
Application 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 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 Respondents
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 Respondents 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 Respondents be arrested and detained in the civil prison
after issuing show cause notice as per the provisions of Order
Utkarsh page 2 of 4
10.exa(l).336.2022.doc
XXI rule 37 as the decree for payment of money of plaintiff is
not satisfied by the Respondents;
(k) 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;
(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 6 th March, 2022 in
which it is stated Respondent No.1 was duly served by hand service, as
more particularly set out in the said affidavit. After perusing the
affidavit, I am satisfied that Respondent No.1 is duly served.
3. In the above Execution Application, an Arbitral Award
dated 31st March, 2018 is sought to be executed under which the
Respondents were directed to pay to the Applicant a sum of Rs.
59,08,360/- together with further interest @18% p.a. from 31/03/2018
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
Utkarsh page 3 of 4
10.exa(l).336.2022.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 only against the
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
the Respondent No.1.
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
