Suryoday Small Finance Bank ... vs Sivchand Ori Pal And Anr
2022 Latest Caselaw 10522 Bom

                                                                     21-EXA(L)-13051-2022.doc

         Digitally
         signed by
         GANESH
GANESH   SUBHASH
SUBHASH LOKHANDE
LOKHANDE Date:                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         2022.10.12
         10:31:03
         +0530                          ORDINARY ORIGINAL CIVIL JURISDICTION
                                             IN ITS COMMERCIAL DIVISION

                                        INTERIM APPLICATION NO. 1748 OF 2022
                                                     IN
                                  EXECUTION APPLICATION NO. (L) 13051 OF 2022
                                                     IN
                                  ARBITRATION CASE NO. MYM/SSFB/ARB/L-1/031


                      Suryoday Small Finance Bank Limited                    .. Applicant

                               Versus

                      Mr. Sivchand Ori Pal & Anr                             .. 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. 14,86,405.18/- with further interest on Rs. 14,86,405.18/- @ 11.5% p.a. from 14.10.2020 till payment and / or realization thereof;

                      Ganesh Lokhande                                                 page 1 of 4
                                                    21-EXA(L)-13051-2022.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 Hon'ble Court.

      (i)    The properties and salary of the Respondent be attached and

Ganesh Lokhande                                                      page 2 of 4
                                                     21-EXA(L)-13051-2022.doc

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 30 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 30 th

April 2021, is sought to be executed under which the Respondents was

directed to pay to the Applicant as sum of Rs. 14,86,405.18/- together with

further interest @11.5% p.a. from 14th October 2020 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.

Ganesh Lokhande page 3 of 4 21-EXA(L)-13051-2022.doc

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