Bombay High Court
Desmond Crasto vs Sumer Buildcorp Pvt. Ltd on 4 January, 2024
Author: R.I. Chagla
Bench: R.I. Chagla
27-IA 3417.2023 in COMEX 28.2023 in COMSS 377.2019.doc
Kavita S. J.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 3417 OF 2023
IN
COMMERCIAL EXECUTION APPLICATION NO. 28 OF 2023
IN
COMMERCIAL SUMMARY SUIT NO. 377 OF 2019
Desmond Crasto ...Applicant/Decree Holder
(Original Plaintiff)
Versus
Sumer Buuildcorp Private Limited ...Judgment Debtor
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Mrs. Bharti Bhansali a/w Ms. Krupa Joshi i/b FZB & Associates,
Advocate for Applicant/Decree Holder.
Mr. Chirag Sarawagi a/w Ms. Riya Thakkar i/b Tushar Goradia,
Advocate for Judgment Debtor.
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CORAM : R.I. CHAGLA, J.
DATE : 4TH JANUARY, 2024.
ORDER :
1. By this Interim Application, the Applicant has sought
directions to the Judgment Debtor to disclose on oath by way of filing
KAVITA
SUSHIL an Affidavit as to whether any debts are owed to it and whether the
JADHAV
Judgment Debtor has any right, title or interest or property or means
to satisfy the decree including but not limited to (i) the details of the
27-IA 3417.2023 in COMEX 28.2023 in COMSS 377.2019.doc
Judgment Debtor's assets, movable and immovable properties, bank
accounts, demat account, share, securities, other investment, source
o f income (ii) the details o f all transactions entered into by the
Judgment Debtor including any sale/transfer of business, assets
and / or cash transfers in the last three years, and produce true
copies of its Bank Statements for all the Bank Accounts maintained
in the last three years and the Balance Sheets and the Income Tax
Returns for the last three years and thereafter to issue a Warrant o f
Attachment under Order 21 Rule 54 o f the Code o f Civil Procedure
Code, 1908.
2. The Applicant/Decree Holder has stated that the decree
was passed on 8th June, 2022 against the Defendant to pay the
Plaintiff a sum of Rs.4,58,55,000/-. There is an interest component
@ 9% per annum on the decretal sum which is payable from the date
of Suit till payment.
3. The Applicant/Decree Holder has stated that after the filing
of the Execution Application, the Applicant/Decree Holder has sought
Attachment of Sale of property which is described in Paragraph 6 of
the Interim Application which belong to the Judgment Debtor. The
27-IA 3417.2023 in COMEX 28.2023 in COMSS 377.2019.doc
Applicant/Decree Holder also has sought sale of the said property
alongwith other property which has been disclosed by the Judgment
Debtor and proceeds of sale to be paid to the Applicant/Decree
Holder in satisfaction of the decree dated 8th June, 2022. The
Applicant/Decree Holder states that a Warrant of Attachment for the
said property was lodged on or about 17th July, 2023 with the
Execution Department of this Court.
4. The learned Counsel appearing for the Applicant/Decree
Holder has submitted that the Judgment Debtor has sold the said
property and thus, the Warrant of Attachment was cancelled by the
order dated 27th October, 2023 passed by this Court.
5. The learned Counsel for the Applicant/Decree Holder has
accordingly submitted that the present relief of disclosure has been
sought in terms of prayer Clause 'a' of the Interim Application. He
has submitted that if such relief is not granted, the Judgment Debtor
would be in a position to further deal with its assets and thus, the
Applicant/Decree Holder will not be in a position to satisfy its decree.
6. The learned Counsel appearing for the
Respondent/Judgment Debtor has sought time to file Affidavit-in-
27-IA 3417.2023 in COMEX 28.2023 in COMSS 377.2019.doc
Reply to the Interim Application. He has submitted that in prayer
Clause 'a' the Applicant/Decree Holder has sought details of all
transactions entered into by the Judgment Debtor including any sale
or transfer of business assets in the past three years and for
production of all the bank statement and bank accounts maintained
in the past three years and Income Tax Report for the past three
years. He has opposed such relief being sought. However, he has
submitted that the disclosure of assets will form a part of the
Affidavit-in-Reply to be filed by the Judgment Debtor.
7. In view thereof, the Judgment Debtor shall file Affidavit-in-
Reply giving necessary disclosures of the assets as mentioned in
prayer Clause 'a (i)' of the Interim Application and which Affidavit
shall be filed within a period of four weeks from today.
8. The Applicant/Decree Holder is at liberty to file Affidavit-
in-Rejoinder to the Affidavit-in-Reply filed by the Judgment Debtor
within a period of two weeks thereafter.
9. Place the Interim Application on 22nd February, 2024.
[R.I. CHAGLA, J.]
