Bombay High Court
Shruti Vijay Agrawal vs Kothari Auto Parts Manufactures ... on 5 January, 2023
Bench: R. I. Chagla
21-IA (L) 36820.2022 in Exe.(L) 36813.2022.doc
K.S. Jadhav
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 36820 OF 2022
IN
EXECUTION APPLICATION (L) NO.36813 OF 2022
Shruti Vijay Agarwal & Ors., ... Applicants/
Decree Holder
Versus
Kothari Auto Parts Manufacturers Pvt. Ltd. ...Respondents/
& Ors., Judgment Debtor
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Ms. Twinkle Gadhiya i/b Pritesh Burad Associates, Advocate for
Applicants/Decree Holder.
None for Respondent No.1.
Ms. Kalyani Wagle i/b T.N. Tripathi & Co., Advocate for Respondent
No.2.
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CORAM : R.I. CHAGLA J
DATE : 5TH JANUARY, 2023.
ORDER :
1. Heard the learned Counsel appearing for the
Applicants/Decree Holder.
2. The learned Advocate appearing for the Respondent No.2 has
sought time in the matter.
3. None appears for Respondent No.1.
21-IA (L) 36820.2022 in Exe.(L) 36813.2022.doc
4. Affidavit of Service dated 6th December, 2022 has been filed
which shows that service has been effected on Respondent Nos. 1 and
2. In spite of service, the Respondents have not made an appearance.
5. The learned Counsel appearing for the Applicants has sought
relief in terms of the prayer Clause 'd' and 'e' of the Interim
Application which reads as under :
"(d) That this Hon'ble Court be pleased to direct the
Respondent No.1 to file Affidavit disclosing its
assets and particulars of properties belonging to and
in possession of the Respondent as provided under
Order XXI Rule 41 of the Code of Civil Procedure,
1908 ;
(e) That this Hon'ble Court be pleased to direct the
Respondent No.1 to disclose the particulars of its
Bank Account (s) (including but not limited Bank
Account Nos.57500000045601 of HDFC Bank,
Account No.510101001100946 in Corporation
Bank) in which there is sufficient amount to satisfy
the Order dated 06.04.2022."
6. Considering that there is an Arbitration Order passed against
Respondent No.1 dated 6th April, 2022 directing the Respondent
No.1 to pay the Applicant an amount of Rs.21,38,268/- which
amount relates to the booking amount, Pre-EMI paid by the
Applicants including Arbitration Costs and in respect of which,
execution has been sought by Applicants against Respondent No.1,
21-IA (L) 36820.2022 in Exe.(L) 36813.2022.doc
case has been made for grant of relief of disclosure to be made by
Respondent No.1 in terms of prayer Clause 'd' and 'e' of the Interim
Application extracted above.
7. Accordingly, the Respondent No.1 shall file Affidavit of
disclosure in accordance with prayer Clause 'd' and 'e' of the Interim
Application within a period of 3 weeks from the date of this Order.
8. The Advocate for the Applicants shall serve notice of this order
on the Respondents forthwith and file Affidavit-of-Service on or
before the next date.
9. Place the Interim Application on 2nd February, 2023.
[R.I. CHAGLA J.]
