Sudhir Kumar vs Dinesh Shishupal Punia
2024 Latest Caselaw 22102 Bom

Bombay High Court

Sudhir Kumar vs Dinesh Shishupal Punia on 1 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                           909. IAL 20210-24 in EXAL 20209-24.doc


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

                  INTERIM APPLICATION (L) NO. 20210 OF 2024
                                    IN
                 EXECUTION APPLICATION (L) NO. 20209 OF 2024

 Sudhir Kumar                                                 ...Applicant
       V/s.
 Dinesh Shishupal Punia                                       ...Respondent

 Mr. Sarosh Bharucha with Mr. Shrey Fatterpekar, Mr. Ameet
 Mehta,Mr.Nirav Marjadi, Ms.Srushti Mehta, Ms. Rebha Dogra and Mr.
 Kushal H. i/b Solicis Lex, Advocate for the Applicant.
 Mr. Hemant P. Ghadigaonkar for Respondent.

                           CORAM   :   ABHAY AHUJA, J.

                           DATE    :   1st AUGUST, 2024
 P.C. :

1. Pursuant to the order dated 3rd July, 2024, today when the

matter is called out, Mr. Bharucha, learned Counsel appears for the

Applicant and submits that disclosures have been filed on behalf of the

Respondent shockingly indicates that the statements made by the

learned Counsel for the Respondent are false in as much as although it

was submitted that the total outstanding payable to M/s CFM Assets

Reconstruction Private Limited is Rs. 20,50,02,452/- as per the books

of accounts in the year 2024-25, that in a communication dated 25 th

July, 2024, from the Judgment Debtor to the CEO of M/s CFM Assets

Reconstruction Private Limited, it is recorded that the amount due to

CFM ARC till May, 2024 is Rs. 24,67,61,500/-.

909. IAL 20210-24 in EXAL 20209-24.doc

2. Mr. Bharucha also submits that in fact the said communication

also records that the claim by CFM ARC is Rs. 36,26,63,296.99, which

suggests that there is a dispute on the amount due to CFM. Mr.

Bharucha also submits that it is gathered from the disclosures that

related party payments have been made by the Judgment Debtor. Mr.

Bharucha, accordingly, seeks to file a response to the disclosure

affidavit.

3. Mr. Ghadigaonkar, learned Counsel appears for the Respondent

and submits that the Respondent is present in the Court.

3. Accordingly, list on 7th August, 2024 alongwith the Execution

Application (L) No. 2345 of 2024.

4. Let the restraint contained in paragraph 6 of the order dated 3 rd

July, 2024, be continued until further orders. Let the Respondent

remain present in Court on the next date as well.

(ABHAY AHUJA, J.)

NIKITA YOGESH GADGIL