Bombay High Court
Kotak Mahindra Bank Limited vs Bullet Batteries And Earthmovers ... on 21 April, 2023
Bench: B.P. Colabawalla
25.IA.113.23.DOC
Digitally signed
by ANJALI
ANJALI TUSHAR
ASWALE
TUSHAR Date:
ASWALE 2023.04.25
11:55:13
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 113 OF 2023
IN
EXECUTION APPLICATION NO. (L) 39910 OF 2022
IN
ARBITRATION CASE NO. 1713 OF 2015
KOTAK MAHINDRA BANK LIMITED ...APPLICANT
VS.
BULLET BATTERIES & EARTHMOVERS
& ANR. ...RESPONDENTS
Ms. Bijal K. Gogri along with Shiny Roy i/b O M
GUJAR LAW CHAMBERS, Advocates for the
Applicant/Plaintiff.
CORAM : B. P. COLABAWALLA, J
DATE : APRIL 21, 2023
P.C.
The above Interim Application is filed seeking the
following reliefs:
"(a) That the Respondents be directed to deposit decretal
amount a sum of Rs. 40,28,960/- with further interest on
Rs. 40,28,960/- @ 18% p.a. from 12.06.2015 till payment
and/or realization thereof;
(b) That the Respondents above named be required by an
order of this Hon'ble Court to file his Affidavit stating
particulars of his properties etc., as provided under Order 21
Rule 41 of the Code of Civil Procedure, 1908.
(c)That the Respondents abovenamed be required to issue
notice under Order XXI Rule 22 of CPC
(d) That the Respondents be detained in the 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;
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25.IA.113.23.DOC
(e) That the Respondents be directed to disclose his
means on affidavit for satisfying the decree of the
Applicant under execution as per Section 51 of the Code of
Civil Procedure;
(f) That pending the hearing and final disposal of the
Interim Application the order of injunction restraining
the Respondents and his servants, agents and assigns
from in any manner dealing with, disposing of,
alienating, encumbering or transferring any of their
assets or properties whether movable or immovable until
full and final satisfaction of Award dated 03/03/2018.
(g) 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;
(h) That the Respondents be arrested and detained in
civil prison as per the provisions of the section 51 of the
Code of Civil Procedure;
(i) 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.
(j) 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;
(k) The Respondents be arrested and detained in 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;
(l) 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;
(m) 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;
(n) The Hon'ble Court direct to all banks governed by Reserve
Bank of India to disclose the details of bank accounts,
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25.IA.113.23.DOC
including lockers/fixed deposit operated by Respondents
either single/ jointly, details of loans / advances and direct to
freeze/attachment of bank accounts deposits/receivables
including further receivables of Respondents by marking
debt/lien of the accounts by attachment of PAN AMXPK3121F
(proprietor-Zakir Khan) and ANFPK9837P (Guarantor-Tahir
Khan)."
2. The learned counsel appearing on behalf of the Applicant brought
to my attention the affidavit of service dated February 4, 2023 in which
it is stated that the Respondent no. 1 is duly served, as more particularly
set out in the said affidavit. After perusing the affidavit, I am satisfied
that the Respondent No.1 is duly served.
3. In the above Execution Application, an Arbitral Award dated
03.03.2018, is sought to be executed under which the Respondents were
directed to pay to the Applicant as sum of Rs. 40,28,960/- together
with further interest @18% p.a. from 12.06.2015 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.
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 qua Respondent No.1. The
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25.IA.113.23.DOC
disclosure affidavit shall be filed by the Respondent No.1 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 no.1.
6. Stand over to 20th June, 2023.
7. 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 ].
APRIL 21, 2023
Aswale
