Bombay High Court
Kotak Mahindra Bank Ltd vs Machindra Laxman Rode on 21 April, 2023
Bench: B.P. Colabawalla
21.IAL.3554.23.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
ANJALI Digitally signed by
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2023.04.25
ASWALE 11:50:30 +0530 INTERIM APPLICATION(L)NO. 3554 OF 2023
IN
EXECUTION APPLICATION NO. 2677 OF 2023
Kotak Mahindra Bank Ltd ..Applicant/Orig.Plaintiff
Versus
Machindra L. Rode & Ors ..Judgment Debtors
Tikshta Modi i/b Akhil Modi & Associates, 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 Judgment Debtor be directed to deposit
Decreetal amount of Rs. 18,26,335/- (Rupees Eighteen Lakhs
Twenty Six Thousand Three Hundred Thirty Five Only) with
further interest on Rs. 18,26,35/- from 27.02.2015 @ 24 % p.a
till payment and/or realisation thereof;
b) That the Judgment Debtor 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 since the
Decree/ Award dated 25.02.2016 passed by the Learned
Arbitral Tribunal has remained unsatisfied for more than 30
days from the date of its passing;
c) That the Judgment Debtor 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
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Hon'ble Court in terms of prayer clause (b) herein-above;
d) That this Hon'ble Court be pleased to direct this
Chamber Summons to appear on board of this Hon'ble Court
after the period of 15 days from the date of passing order
under prayers (a) and (b) herein-above for the following
further reliefs;
e) That pending the hearing and final disposal of the
Interim Application the order of injunction restraining the
Judgment Debtor 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
Judgment Debtor on affidavit as prayed in 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
Judgment Debtor as prayed for in prayer clause (b) above;
g) That the Judgment Debtor be directed to disclose
their means on affidavit for satisfying the Decree of the
Decree Holder under execution as per Section 51 of the Code
of Civil Procedure;
h) That the Judgment Debtor be arrested and detained
in civil prison as per the provisions of section 51 of the Code of
Civil Procedure;
i) This Hon'ble Court be pleased to issue precept under
Section 46 of Code of Civil Procedure, 1908 attaching the
properties belonging to Judgment Debtor and disclose by the
Judgment Debtor under order XXI rule 41 of C.P.C. and which
are not within the jurisdiction of this Hon'ble Court
j) The properties and salary of the Judgment Debtor be
attached and the Decree Holder be allowed to recover their
dues from the same;
k) The Judgment Debtor be arrested and detained in the
Civil prison after issuing show cause notice as per the
provision of Order XXI Rule 37 as the Decree for payment of
money of Decree Holder is not satisfied by the Judgment
Debtor;
l) The Judgment Debtor 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 XXI Rule
38 of the Code of Civil procedure;
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2 The learned counsel appearing on behalf of the
Applicant has tendered an affidavit of service dated 17 th April,
2023 evidencing the service of the above Interim Application on
all the Respondents. Despite service, none have appeared on their
behalf.
3 In the present circumstances, I am satisfied that the
Applicant is entitled to ad-interim reliefs in terms of prayer
clauses (b) and (g) reproduced above.
4 In these circumstances, there shall be ad-interim
relief against the Respondents in terms of prayer clauses (b) and
(g). The affidavit as contemplated under prayer clauses (b) and (g)
shall be filed by the Respondents within a period of four weeks
from the date of service of this order on the said Respondents.
5 Place the above matter on Board for further reliefs on
20th June, 2023.
6 This order will be digitally signed by the Private
Secretary/ Personal Assistant of this Court. All concerned will act
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21.IAL.3554.23.DOC
on production by fax or email of a digitally signed copy of this
order.
[ B. P. COLABAWALLA, J ].
APRIL 21, 2023
Aswale
