Bombay High Court
Harpercollins Publishers India Pvt. ... vs Ashok Banker on 27 August, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
65-IA(L)-24779-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO.24779 OF 2023
IN
EXECUTION APPLICATION NO. 2005 OF 2023
HARPERCOLLINS PUBLISHERS INDIA )
PRIVATE LIMITED )...APPLICANT
IN THE MATTER BETWEEN
HARPERCOLLINS PUBLISHERS INDIA )...APPLICANT /
PRIVATE LIMITED )JUDGMENT HOLDER
V/s.
ASHOK BANKER )...RESPONDENT /
JUDGMENT DEBTOR
Mr.Navankur Pathak, Ms.Neeti Nihal i/by Saikrishna & Associates,
Advocate for the Applicant.
None for the Respondent.
CORAM : ABHAY AHUJA, J.
DATE : 27th AUGUST 2024
P.C. :
Digitally
signed by
1. Pursuant to order dated 7th March 2024, today when the matter
ARTI VILAS
ARTI KHATATE
VILAS
KHATATE Date:
2024.08.29
14:38:30
+0530 is called out, at the outset, Mr.Pathak, learned Counsel, appears for the
Applicant and submits that a copy of the order dated 7 th March 2024
has been emailed to the Respondent along with the video conferencing
link of this Court, so that the Respondent can remain present through
video conferencing. Mr.Pathak would submit that even notice of
65-IA(L)-24779-2023.doc
today's hearing has been served upon the Respondent through email
dated 7th August 2024 to which the Respondent had responded by
sending an email to the Applicant that he would remain present today
in this Court virtually through video conferencing link and despite that,
none is present through video conferencing.
2. When the matter was called out in the morning session, the video
conferencing link was kept open, however, none was present on behalf
of the Respondent and the matter was kept back.
3. In the afternoon session, once again the matter was called out
and since none remained present on behalf of the Respondent, the
matter was again kept back.
4. It is 4.33 p.m. right now and once again the matter is called out
and it is noticed that neither the Respondent nor any one is present on
his behalf. Mr.Pathak, accordingly, presses for disclosure in terms of
prayer clause (a) in paragraph 21 of the application.
5. On 7th March 2024, the Counsel appearing for the Applicant had
construed the email by the Respondent to submit that the Respondent
had agreed to undergo a full audit and issue an affidavit and
65-IA(L)-24779-2023.doc
open his financial records to the Court to prove that he did not held
any financial assets other than a bank account which was jointly held
by his wife and daughter for receipt of funds for family sustenance, and
that, therefore, this Court direct disclosure of assets.
6. This Court had perused the said email and in paragraph 3 of the
said order observed that from the said email it did not appear that the
Respondent had volunteered to file a disclosure affidavit, and therefore,
this Court had passed an order directing the Respondent to remain
present through video conferencing on the next date. However, as
noted above, despite the email sent on behalf of the Applicant of
today's hearing and this Court also having kept back the matter on two
occasions during the course of the day, none has appeared on behalf of
the Respondent.
7. Accordingly, this Court is of the view that since despite various
opportunities granted to the Respondent, the Respondent has failed to
remain present through video conferencing and considering that the
Applicant has an award dated 7th February 2022 for a sum of
Rs.36,10,000/- along with interest in its favour and which payment has
not been made by the Respondent till date, this Court grants disclosure
65-IA(L)-24779-2023.doc
in terms of prayer clause 21(a)(I), (II) and (III) which read thus :
"(a) This Hon'ble Court be pleased to direct Respondent to
disclose to this Hon'ble Court by way of an Affidavit :
(I) the full and material particulars of all the assets and
properties, movable and immovable, whether encumbered or
unencumbered in which they have direct or indirect interest,
wheresoever situated;
(II) copies of the bank statement of the Bank Account and/or
any other bank account held by the Respondent; and
(III) copies of the DEMAT Account and mutual fund account
statements for the last 5 years."
8. Let the Respondent file an affidavit of disclosure on oath in terms
of prayer clauses 21(a)(I), (II) and (III) within a period of four weeks.
9. Let a copy of this order be served upon the Respondent by email
as well as through the postal system including DHL Courier and an
appropriate affidavit of service be filed in this regard by the next date.
10. List on 8th October 2024.
11. The Respondent is permitted to appear in the matter through the
following link of this Court :
"V.C. Link
Website - https://zoom.us
Link - htts://zoom.us/my/sbcourt24.as
Meeting number - 619 926 0138"
(ABHAY AHUJA, J.)
