Bombay High Court
Mahindra And Mahindra Financial ... vs Car City India Llp And 3 Ors on 13 September, 2022
Bench: B.P. Colabawalla
Digitally
signed by
UTKARSH
UTKARSH KAKASAHEB
KAKASAHEB BHALERAO
BHALERAO Date:
2022.09.16
09:44:42
+0530
25-COMEX(L)-412-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 285 OF 2022
IN
EXECUTION APPLICATION NO. (L) 412 OF 2022
IN
ARBITRATION CASE NO. MFLSCF0000060209
Mahindra & Mahindra Financial Services Ltd. ...Applicant
Vs.
Car City India LLP & Ors ...Respondents
Mr. Sanjiv Sawant a/w Ms. Garima Joshi and Ms. Bijal Gogri i/b GNP Legal
for the Claimant
CORAM:- B. P. COLABAWALLA,J.
DATE :- 13th SEPTEMBER, 2022.
P. C.:
1. The above Interim Application is filed seeking the following
reliefs:
"(a) That the Respondents be directed to deposit decretal amount of a sum
of Rs. 3,16,19,660.77/- with further interest on Rs.
3,16,19,660.77/- as on 01.03.2021;
(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.
Utkarsh page 1 of 5
25-COMEX(L)-412-2022.doc
(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;
(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
Respondent;
Utkarsh page 2 of 5
25-COMEX(L)-412-2022.doc
(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 11 th May, 2022 in
which it is stated that service has been returned unclaimed by the
Respondent No. 1, 2 & 3 and the service has been duly completed by
Respondent No. 4 , as more particularly set out in the said affidavit.
After perusing the affidavit, I am satisfied that the Respondent No. 1 & 4
are duly served.
3. In the above Execution Application, an Interim order dated
18th September 2021, is sought to be executed under which the
Respondent were directed to hand over the possession of the below
mentioned list of inventory. 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.
Vehicle No. Model
MH02DG 9145 Mini Cooper
MH01CP 4006 Innova Vista
MH14DF 4443 Audi A4
MH04GJ3992 Innova 2.5G
Utkarsh page 3 of 5
25-COMEX(L)-412-2022.doc
MH02CD0702 Audi A4
MH12GV8064 BMW X1
MH04GE 7971 BMW 320D
MH43AF 5366 SKODA SUPER
MH01AX 9593 HYUNDAI I20
MH02CZ 3658 DUSTER
MH04BS7014 HONDA CRV
MH02CV 4502 MARUTI ECO
MH01BG 1939 NISHANT SUNNY
MH02CH 2075 HYUNDAI VERNA
MH01VA 3406 MERCEDES E280
MH01BU 8656 MAHINDRA E20
MH02CB 4800 AUDI A6 2.7TDI
MH01PA 630 TOYOTA INNOVA
MH47A7057 MARUTI SWIFT DESIRE VXIBSW
MH14FS 2103 ISUZE DMAX
MH02CL 7786 MERCEDES V204C200
MH04FF 0032 RAPID AMBITION 77KWMIPBSIV
MH02DJ 6216 NISHANT SUNNY XL
MH02DN 8397 VERNA 1.6CRDI AUTO CX
MH14DF 3933 AUDI A62.8 FSI
MH06AS 5707 AUDI Q7 3.UTDI
MH01BF 1552 EON MAGNA
MH01AE4147 HONDA CITY ZX EXI
MH04EX0975 VERNA VT VT
MH43AB5924 BMW 320 AT
MH08Z 4059 RENAULT DUSTER
MH04EQ 2368 INDIGO MANJA AQUA
MH06AS 5347 HONDA CITY 1.5S
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 the execution of the Arbitral Award is
not stayed by any Court.
Utkarsh page 4 of 5
25-COMEX(L)-412-2022.doc
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 Respondents 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 18th October, 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. )
Utkarsh page 5 of 5
