Narendrakumar Bhalla And Ors. - ... vs Supreme Constructions And ...
2022 Latest Caselaw 11146 Bom

                                                                              4.ial.22913.21..doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ANJALI
TUSHAR
         Digitally signed by
         ANJALI TUSHAR
         ASWALE
                                           ORDINARY ORIGINAL CIVIL JURISDICTION
         Date: 2022.10.22
ASWALE   16:16:34 +0530


                                          INTERIM APPLICATION(L) NO. 22913 OF 2021
                                                                   IN
                                COMMERCIAL EXECUTION APPLICATION (L)NO.15453 OF
                                                                  2021
                                                                   IN
                                 COMMERCIAL ARBITRATION PETITION NO. 344 OF 2017



                               Narendra Bhalla                             ..Applicant
                                          Vs
                               Supreme Constructions and Developers
                               Pvt Ltd & Ors                               ..Respondents



                               Mr.Karl Tamboly a/w Mr. Rohan Sawant, Mr. Malcolm Siganporia,
                               Mr. Nikhil Wable, Mr. Zeeshan Syed, Mrs Shanvi Punamiya, Mr.
                               Gaurav Suradkar i/b Jayakar & Partners, for the Applicant.
                               Mr.Gaurav Mehta a/w Jesse C. & Mohd. Ashraf i/b Lexicon Law
                               Partners, for Respondent Nos.1, 5 and 6.


                                                                CORAM:- B. P. COLABAWALLA,J.

DATE :- OCTOBER 20, 2022.

P. C.:

Mr. Tamboly, the learned counsel appearing on behalf of

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4.ial.22913.21..doc

the Judgment Creditor seeks time to file an affidavit in reply. He

submitted that though an earlier order was passed by me allowing the

payment of salaries, it has now come to the attention of the Judgment

Creditor that the disclosures as required by the order dated 26 th April,

2022 are not full disclosures in as much as the monies that are being

received by the Judgment Debtor from which the salaries are to be paid,

has never been disclosed by the Judgment Debtors in their disclosure

affidavit. Mr. Tamboly submits that looking at the conduct of the

Judgment Debtors, there has been no full and free disclosure. In these

circumstances, he submits that no salary should be disbursed until a full

disclosure is made and time be granted to the Judgment Creditor to

bring all these facts on record by filing an affidavit in reply.

2 When I asked the learned counsel for the Judgment Debtor

as to why these receivables were not disclosed in the affidavit of

disclosure, he had no real answer. He only submitted that it might had

been missed due to oversight and will be disclosed on or before the next

date. To my mind, this answer to be wholly unsatisfactory. Considering

these developments, I am not inclined, at this stage, to allow the

Judgment Debtors to use the monies received in their Bank Account

No.5020002187810 maintained with HDFC Bank Ltd. The Judgment

Creditor shall file its affidavit in reply to the above application on or

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4.ial.22913.21..doc

before 10th November, 2022 and serve a copy of the same on the

advocates for the Judgment Debtors. If the Judgment Debtors want to

file any further affidavit making further disclosures, they may do so on

or before the same date.

3 Place the above matter on 17th November, 2022.

4 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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