Mintifi Finserv Private Limited vs Sri Durga Filling Station
2022 Latest Caselaw 10285 Bom

                                                                                                 14.ia.4282.2022.doc


UTKARSH
KAKASAHEB
BHALERAO                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
UTKARSH KAKASAHEB
                                      ORDINARY ORIGINAL CIVIL JURISDICTION
BHALERAO
Date: 2022.10.08
10:39:04 +0530
                                        INTERIM APPLICATION NO. 4282 of 2022
                                                                  IN
                               EXECUTION APPLICATION NO. (L) EXAL 25501 OF 2022
                                                                  IN
                                            ARBITRATION CASE NO. 16 of 2021


                      Mintifi Finserve Pvt Ltd.                             .. Claimant
                               Vs.
                      Sri Durga Filling Station & Ors.                      .. Respondents



                      Mr. Murlidhar Kale i/b Kalpana More for the Claimant.

                                                              CORAM:- B. P. COLABAWALLA,J.

DATE :- OCTOBER 06, 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. 9,37,934/- with further interest on Rs. 9,37,934/- @ 18% p.a. from 25.11.2020 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

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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

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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 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 21 st September 2022, in

which it is stated that Respondent No. 1 has been duly served, and

Respondents No. 2 & 3 could not be served, since they have left the

address, 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 12 th

November 2021, is sought to be executed under which the Respondents

are directed to pay to the Applicant as sum of Rs. 9,37,934/- with

further interest on Rs. 9,37,934/- @ 18% p.a. from 25.11.2020 till

payment and/or realization thereof. At the ad-interim stage, the learned

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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 only qua Respondent No.1. The

disclosure affidavit shall be filed by the 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 Respondents.

6. Stand over to 17th November, 2022.

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