Ramesh Nanalal Vora vs Orbit Developers
2024 Latest Caselaw 24584 Bom

Bombay High Court

Ramesh Nanalal Vora vs Orbit Developers on 21 August, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                       914. IAL 21939-24 in COMEXL 10124-24.doc


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

                               INTERIM APPLICATION (L) NO. 21939 OF 2024
                                                  IN
                          COMMERCIAL EXECUTION APPLICATION (L) NO.10124 OF 2024

                     Ramesh Nanalal Vora                                            ...Applicant
                                 V/s.
                     Orbit Developers & Ors.                                        ...Respondents

                     Mr. Harsh Sheth i/B Mr. MDP and Partners for the Applicant.

                                               CORAM        :       ABHAY AHUJA, J.

                                               DATE         :       21st AUGUST, 2024
                     P.C. :

1. This Interim Application seeks execution of Judgment dated 1 st

September, 2023 passed by this Court (Coram: Kamal Khata, J.) in

Commercial Summary Suit No. 58 of 2022 for Rs. 1,20,48,000/- along

Digitally with interest.

signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date:

2024.08.21 20:50:10 +0530

2. Mr. Sheth, learned Counsel appears for the Applicant and submits

that despite service none appears for the Respondents nor any payment

has been received in respect of Judgment. Mr. Sheth, therefore, prays

for reliefs in terms of 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."

914. IAL 21939-24 in COMEXL 10124-24.doc

3. Having heard the learned Counsel and having considered his

submissions, this Court is of the view that relief in terms of prayer

Clause(b) as above be granted.

4. Let affidavit of disclosure on oath in terms of Prayer clauses (b)

be filed by the Respondents within a period of four weeks.

5. Let a copy of this order be served upon the Respondents and an

appropriate affidavit of service be filed by the next date.

6. List on 9th October, 2024.

(ABHAY AHUJA, J.)