Kotak Mahindra Bank Ltd vs Shashikant Kerba Babar
2023 Latest Caselaw 4005 Bom

                                                                                                         17.IA.1043.23.DOC




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

                                          INTERIM APPLICATION(L)NO.1043 OF 2023
                                                           IN
                                         EXECUTION APPLICATION(L)NO. 3430 OF 2023
ANJALI   Digitally signed by
         ANJALI TUSHAR
TUSHAR   ASWALE
         Date: 2023.04.24
ASWALE   12:28:22 +0530

                                 Kotak Mahindra Bank Ltd                   ..Applicant/Orig.Plaintiff

                                 Versus

                                 Shashikant K. Babar & Anr                ..Judgment Debtors/Respondents

Ms.Tikshta Modi, Snehal Patil i/b Akhil Modi & Associates,Advocates for the Applicant.

                                                          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. 11,46,651/- (Rupees Eleven Lakhs Forty Six Thousand Six Hundred Fifty One Only) with further interest on Rs.11,46,651/- from 01.11.2014 @ 24 p.a till payment and/or realization 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 03.02.2015 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

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17.IA.1043.23.DOC

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 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

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17.IA.1043.23.DOC

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 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;"

2 The learned counsel appearing on behalf of the

Applicant has tendered an affidavit of service dated 20 th April,

2023 evidencing the service of the above Interim Application on

the Respondents/ Judgment Debtors. 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.

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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

on production by fax or email of a digitally signed copy of this

order.

[ B. P. COLABAWALLA, J ].

APRIL 21, 2023 Aswale