Bombay High Court
Mintifi Finserv Private Limited vs Aishwaryam Collections And 2 Ors on 6 October, 2022
Bench: B.P. Colabawalla
12.ia.4067.2022.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. 4067 of 2022
IN
EXECUTION APPLICATION NO. (L) EXAL 25413 OF 2022
IN
ARBITRATION CASE NO. 6 of 2020
Mintifi Finserve Pvt Ltd. .. Claimant
Vs.
Aishwaryam Collections & 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. 4,82,076/- with further interest on Rs. 4,82,076/- @
13% p.a. from 31.01.2020 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 of their
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12.ia.4067.2022.doc
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;
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12.ia.4067.2022.doc
(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 could not be served and
Respondent Nos. 2 & 3 have been duly served, as more particularly set
out in the said affidavit. After perusing the affidavit, I am satisfied that
the Respondents No. 2 & 3 are duly served.
3. In the above Execution Application, an Arbitral Award dated 27 th
March 2019, is sought to be executed under which the Respondent was
directed to pay to the Applicant as sum of Rs. 4,82,076/- with further
interest on Rs. 4,82,076/- @ 13% p.a. from 31.01.2020 till payment
and / or realization thereof. 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.
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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 Nos. 2 & 3.
The disclosure affidavit shall be filed by the Respondent Nos. 2 & 3
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. )
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