Bombay High Court
Axis Bank (Formerly Known As Uti ... vs Nilesh Chandrakant Deladia on 11 October, 2022
Bench: B.P. Colabawalla
10-EXA(L)-10344-2022.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. 1388 OF 2022
IN
EXECUTION APPLICATION NO. (L) 10344 OF 2022
IN
ARBITRATION CASE NO. ARB-PL-W-LOT-01 TO 27
Axis Bank .. Applicant
Vs.
Nilesh Chandrakant Deladia .. Respondent
Adv. Bijal Gogri i/b O M Gujar Law Chambers 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. 380135/- with further interest on Rs. 380135/- @
18% p.a. from 30th March,2019 till payment and / or realization
thereof;
Ganesh Lokhande page 1 of 4
10-EXA(L)-10344-2022.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.
Ganesh Lokhande page 2 of 4
10-EXA(L)-10344-2022.doc
(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 03 rd October, 2022
in which it is stated that service has been duly accepted and confirmed
by the Respondent, as more particularly set out in the said affidavit.
After perusing the affidavit, I am satisfied that the Respondent is duly
served.
3. In the above Execution Application, an Arbitral Award
dated 26th August,2o19, is sought to be executed under which the
Respondent was directed to pay to the Applicant as sum of Rs. 380135/-
together with further interest @18% p.a. from 30 th March, 2019 till
payment and / or realization. At the ad-interim stage, the learned
Ganesh Lokhande page 3 of 4
10-EXA(L)-10344-2022.doc
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
