Aditya Birla Finance Limited vs Family Medical Store
2022 Latest Caselaw 9155 Bom

          Digitally
          signed by
          UTKARSH
UTKARSH   KAKASAHEB
KAKASAHEB BHALERAO
BHALERAO Date:
          2022.09.16
          09:44:41
          +0530
                                                                              13-EXA(L)-19644-2021.doc


                                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          ORDINARY ORIGINAL CIVIL JURISDICTION

                                       INTERIM APPLICATION NO (L). IAL/19647/ 2021
                                                                    IN
                                   EXECUTION APPLICATION NO. (L) EXAL/19644/2021
                                                                    IN
                                   ARBITRATION CASE NO. ABFL/ARB/LOT-2/2019/30


                       Aditya Birla Finance Ltd.                             .. Claimant
                                 Vs.
                       Family Medical Store                                  .. Respondent


                       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. 10,55,993/- with further interest on Rs. 10,55,993/- @ 18% p.a. from 06.09.2019 to 25.08.2021 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

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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- 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;

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(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 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 05 th September,

2022 in which it is stated that service has been accepted by the

Respondent. After perusing the affidavit, I am satisfied that the

Respondent is duly served.

3. In the above Execution Application, an Arbitral Award

dated 15th February 2021, is sought to be executed under which the

Respondent was directed to pay to the Applicant as sum of Rs.

10,55,993/- together with further interest @18% p.a. from 06 th

September 2019 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.

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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.

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. )




Utkarsh                                                           page 4 of 4