Suryoday Small Finance Bank ... vs Niteen Parulekar Architects Pvt ...
2022 Latest Caselaw 10488 Bom

                                                                            26-EXA(L)-21088-2022.doc

         Digitally
         signed by
         GANESH
GANESH   SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         2022.10.12
         10:31:02
         +0530                          ORDINARY ORIGINAL CIVIL JURISDICTION
                                                IN ITS COMMERCIAL DIVISION

                                         INTERIM APPLICATION NO. 21101 OF 2022
                                                                  IN
                                     EXECUTION APPLICATION NO. (L) 21088 OF 2022
                                                                  IN
                                     ARBITRATION CASE NO. MYM/SSFB/ARB/L4/018

                      Suryoday Small Finance Bank Limited                   .. Applicant

                               Vs.

                      Mr (S) Niteen Parulkar Architect
                      & Ors                                                 .. Respondent


                      Adv. Bijal Gogri, i/b GNP Legal for the Applicant


                                                              CORAM:- B. P. COLABAWALLA,J.

DATE :- 11th OCTOBER, 2022.

P. C.:

1. The above Execution Application is filed seeking the

following reliefs:

"(a) That the Respondent be directed to deposit decretal amount of a sum of Rs. 23,69,693.66/- with further interest on Rs. 23,69,693.66/- @ 18% p.a. from 23.02.2021 till payment and / or realization thereof;

                      Ganesh Lokhande                                                           page 1 of 4
                                                        26-EXA(L)-21088-2022.doc




        (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 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

Ganesh Lokhande page 2 of 4 26-EXA(L)-21088-2022.doc

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;"

2. The learned counsel appearing on behalf of the Applicant brought

to my attention the affidavit of service dated 15 th September, 2022 in

which it is stated that service has been duly accepted and confirmed by

the Respondents, as more particularly set out in the said affidavit. After

perusing the affidavit, I am satisfied that the Respondents are duly

served.

3. In the above Execution Application, an Arbitral Award dated 24 th

January 2022, is sought to be executed under which the Respondents

was directed to pay to the Applicant as sum of Rs. 23,69,693.66/-

together with further interest @18% p.a. from 23 rd February 2021 till

Ganesh Lokhande page 3 of 4 26-EXA(L)-21088-2022.doc

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 this order by

hand delivery on the Respondent.

6. Stand over to 22nd November, 2022.

7. This order will be digitally signed by the 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. )




Ganesh Lokhande                                                    page 4 of 4