Bombay High Court
Rapier Fabrics vs Rishabh Instruments And Anr on 20 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
904.IA 82-22 in COMEX 61-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 82 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 61 OF 2017
Rapier Fabrics ...Applicant
V/s.
Rishabh Instruments and Anr. ...Respondents
Ms. Unnati Ghia with Ms. Gayatri Devendra i/b Mr. Lalit Jain, Advocate
for the Applicant.
Mr. Manoj Harit i/b Manoj Harit and Co. for Respondents.
CORAM : ABHAY AHUJA, J.
DATE : 20th AUGUST, 2024
P.C. :
1. This matter has been circulated at the behest of the Award
Holder seeking execution of award dated 3rd August, 2013.
NIKITA
YOGESH
GADGIL
2. Ms. Ghia, learned Counsel appears for the Applicant and submits
that the challenges to the said award under Section 34 as well as
Section 37 of the Arbitration and Conciliation Act have been dismissed
and that therefore, this Court direct disclosures.
904.IA 82-22 in COMEX 61-14.doc
3. Ms. Ghia also submits that the property of the Judgment Debtors
was attached earlier, however, Chamber Summons was filed on behalf
of the parents of the Judgment Debtor submitting that the said property
which was attached by this Court belongs to the parents and not the
Judgment Debtor. However, the said Chamber Summons was dismissed
for want of prosecution and that the attachment of property being Flat
No. 603-A, Shiromani Tower, 6th Floor, Rajkamal Studio Lane, Behind
Mahatma Gandhi Hospital, Parel,Mumbai-400 012 still continues.
4. Ms. Ghia, submits that since the claim as on date is beyond Rs.
70,47,951/- with further interest, this Court direct disclosures from the
Respondent-Judgment Debtor.
5. Mr. Harit, learned Counsel appears for the Respondent-Judgment
Debtors and submits that he has just been instructed to appear in the
matter and some time be given to file vakalatnama and to take
appropriate instructions.
6. Having heard the learned Counsel and having considered the
submissions, this Court is of the view that relief in terms of prayer
Clause (a) be granted. The said prayer clause (a), reads as under:-
904.IA 82-22 in COMEX 61-14.doc
"(a) this Hon'ble Court may be pleased to order and direct
the Respondent to disclose on Affidavit his properties to the
Hon'ble Court, to secure the claim amount of the Applicant
and on such disclosure Respondent be restrained from
disposing, alienating and or creating any third party rights
on the said disclosed properties of the Respondent."
7. Let the disclosures, on oath, be made within a period of four
weeks in the above terms. List on 19th September, 2024.
(ABHAY AHUJA, J.)
