Shriram Transport Finance Co. Ltd vs Amarjeet Singh Kulwant Singh And Anr
2024 Latest Caselaw 206 Bom

Bombay High Court

Shriram Transport Finance Co. Ltd vs Amarjeet Singh Kulwant Singh And Anr on 4 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                42-chs-1150-2015.doc

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

                          CHAMBER SUMMONS NO.1150 OF 2015
                                           IN
                        EXECUTION APPLICATION NO.215 OF 2013


       M/s. Shriram Transport Finance Co. Ltd.               ...Applicant /
                                                             Claimant

               Versus

       Amarjeet Singh Kulwant Singh and Anr.                 ...Respondents

                                        ----------
       Ms. Priya Rita, i/b. Disha Karambar and Co. for the Claimant.
                                        ----------

                                        CORAM : R.I. CHAGLA J.

                                        DATE         : 4TH JANUARY, 2024.

       ORDER :

1. The learned Advocate appearing for the Applicant /

Claimant / Decree Holder states that the Chamber Summons along

with Execution Application has been served on the Respondents /

Judgment Debtors. She has referred to the Affidavit of Service which

have been filed including Affidavit of Service dated 7th February,

2023 by which the Applicant had attempted to serve the Respondent

by way of hand delivery. However, the Respondents refused to accept

42-chs-1150-2015.doc

the service.

2. The learned Advocate for the Applicant has accordingly

applied for ad-interim relief in terms of prayer Clauses (d) and (i) of

the Chamber Summons which is for disclosures of particulars of

property and assets for satisfying the decree of the Applicant / Decree

Holder under execution.

3. Having considered the Affidavits of Service which have

been filed including the last Affidavit of Service dated 7th February,

2023 by which the Respondents / Judgment Debtors have refused the

service by way of hand delivery and which amounts to deemed

service, the Respondents have been served and despite service have

failed to make an appearance. Accordingly, ad-interim relief in terms

of prayer clauses (d) and (i) is granted, which read thus:-

"(d) that the Defendant abovename be required by an order of this Hon'ble Court to file their Affidavit stating particulars of their properties etc. As provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree / Award dated 28th August, 2012 passed by the learned Arbitral Tribunal has remained unsatisfied for more than 30 days form the date of its passing"

42-chs-1150-2015.doc

And

(i) that the Defendants be directed to disclose their assets on affidavit for satisfying the decree of the Plaintiff under execution as per Section 51 of the Code of Civil Procedure"

4. The Respondents / Judgment Debtors shall file their

disclosure Affidavit within a period of four weeks from being

communicated this order by the Advocates for the Applicants.

5. The Chamber Summons shall be placed on 26th

February, 2024.

[ R.I. CHAGLA J. ]