Miloni Shah Nee Ramesh Vora vs Orbit Developers
2024 Latest Caselaw 23936 Bom

Bombay High Court

Miloni Shah Nee Ramesh Vora vs Orbit Developers on 14 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                              909-IA(L)-21938-2024.doc


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

                               INTERIM APPLICATION (L) NO. 21938 OF 2024
                                                 IN
                         COMMERCIAL EXECUTION APPLICATION (L) NO. 10123 OF 2024

                    MILONI SHAH NEE RAMESH VORA                           )...APPLICANT /
                                                                          DECREE HOLDER
                                                  IN THE MATTER BETWEEN

                    MILONI SHAH NEE RAMESH VORA                           )...APPLICANT /
                                                                          DECREE HOLDER
                             V/s.
                    ORBIT DEVELOPERS AND OTHERS                          )...RESPONDENTS /
                                                                        JUDGMENT DEBTORS

                    Mr.Darshit Rupda a/w. Mr.Harsh Sheth i/by MDP & Partners, Advocate
                    for the Applicant.
                    Mr.A.S.Sayyed, Advocate for the Respondents.

                                                    CORAM    :    ABHAY AHUJA, J.

                                                    DATE     :    14th AUGUST 2024

                    P.C. :

1. This Interim Application seeks execution of decree passed

pursuant to judgment dated 1st September 2023 in Commercial

Summary Suit No.55 of 2022 for a sum of Rs.2,00,64,940/- along with

interest at the rate of 18% per annum.

2. Mr.Rupda, learned Counsel, appears for the Applicant and

submits that no payment has been made till date and that this Court

VILAS KHATATE

909-IA(L)-21938-2024.doc

consider granting disclosure in accordance with prayer clause (b),

which reads thus :

"(b) That this Hon'ble Court may be pleased to direct the Respondent Nos.1 to 3 to disclose on oath before this Hon'ble Court all its assets/properties wheresoever situated (whether movable or immovable) and further disclose encumbrances on the disclosed assets if any."

3. Mr.Sayyed, learned Counsel, appears for the Respondents

/Judgment debtors and submits that since the decree was an ex-parte

decree, some time be granted in the matter to challenge the said

decree.

4. In the case of Board of Control for Cricket in India vs. Kochi

Cricket Pvt. Ltd.1 the Hon'ble Supreme Court has observed that there is

no substantive vested right in a Judgment debtor to resist execution.

Therefore, in my view, unless there is a stay, the Court can proceed with

the execution.

5. There is no stay to the decree nor any proceedings have been

filed till date. It is only at the stage of execution that such a submission

is being made on behalf of the Respondents/Judgment debtors.

1 2018 SCC OnLine SC 232

909-IA(L)-21938-2024.doc

6. Accordingly, this Court is inclined to grant relief in terms of

prayer clause (b) as prayed for.

7. Let affidavit of disclosure on oath in terms of prayer clause (b) be

filed by the Respondents no.1 to 3 within a period of four weeks.

8. List on 19th September 2024.

(ABHAY AHUJA, J.)