Bombay High Court
Laxmi Technical Textile Pvt. Ltd vs Vinayak Fashion 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
228-EXA(L)-300-2020.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 26883 of 2021
IN
EXECUTION APPLICATION NO. (L)EXAL 300 OF 2020
IN
ARBITRATION CASE NO. A11/2018-19
Laxmi Technical Textile Pvt. Ltd. .. Claimant
Vs.
Vinayak Fashion & Ors. .. Respondents
Mr. Murlidhar Kale i/b Murlidhar & Associates (MAA) 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 Respondent be directed to deposit decretal amount
of a sum of Rs. 76,86,511/- with further interest on Rs.
66,90,139/[email protected] 18% p.a. from 25.01.2020 till payment and / or
realization thereof;
b) That the Respondents 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 Respondents be detained in civil prison as per Order
21 Rule 41 Sub-rule 3 of the Code of Civil Procedure for non-
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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 Respondents;
(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
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the Hon'ble Court as per the Order 21 Rule 38 of the Code of
Civil Procedure;"
(m) That, by an appropriate order and directions this Hon'ble
court be pleased to issue notice to Mr. Narendra Sekhani, Mr.
Anmol Sekhani, and Mr. Akash Sekhaniwith directions to file
his affidavit stating particulars of their properties etc. as
provided under Order 21 Rule 41 of the Code of Civil
Procedure,1908. Further, the applicant may kindly be
permitted to implead them as a party Respondents in the
present application and Execution Application."
2. The learned counsel appearing on behalf of the Applicant
brought to my attention the affidavit of service dated 22 nd February
2022, in which it is stated that service has been refused by Respondents
on several occasions, 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 27thMarch 2019, is sought to be executed under which the
Respondent was directed to pay to the Applicant as sum of Rs.
76,86,511/- with further interest on Rs. 66,90,139/- @ 18% p.a. from
25.01.2020 till payment and / or realization thereof. 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
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relief especially considering that the execution of the Arbitral Award is
not stayed by any Court.
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 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. )
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