Kotak Mahindra Bank Ltd vs Zoya Enterprises And Anr
2023 Latest Caselaw 3990 Bom

Citation : 2023 Latest Caselaw 3990 Bom
Judgement Date : 21 April, 2023

Bombay High Court

Kotak Mahindra Bank Ltd vs Zoya Enterprises And Anr on 21 April, 2023

Bench: B.P. Colabawalla

                                                                                                     24.IA.109.23.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. 109 OF 2023
                                                      IN
                                   EXECUTION APPLICATION NO. (L) 39913 OF 2022
                                                      IN
                                        ARBITRATION CASE NO. 1721 OF 2015


                              KOTAK MAHINDRA BANK LIMITED                               ...APPLICANT
                                  VS.
                              ZOYA ENTERPRISES & 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. 34,35,380/- and with further interest on Rs. 34,35,380/- @ 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;

APRIL 21, 2023 Aswale

24.IA.109.23.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, encumbered 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

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24.IA.109.23.DOC

accounts, 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. 2 is duly served,

as more particularly set out in the said affidavit. After perusing the

affidavit, I am satisfied that the Respondent No.2 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.

34,35,380/- 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)