Orix Leasing And Financial Services ... vs Chirag Travels Co Through Its Partners ...
2024 Latest Caselaw 207 Bom

Bombay High Court

Orix Leasing And Financial Services ... vs Chirag Travels Co Through Its Partners ... on 4 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                     45-ia-398-2022.doc

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

                          INTERIM APPLICATION NO.398 OF 2022
                                             IN
                  COMM EXECUTION APPLICATION (L) 2698 OF 2022


       Orix Leasing and Financial Services India Ltd.          ...Applicant /
                                                               Petitioner

               Versus

       Chirag Travels Co. Thru its partners Vijay R            ...Respondent
       Makawana

                                          ----------
       Ms. Priya Rita i/b. Disha Karambar and Associates for the Applicant /
       Petitioner.
                                          ----------

                                         CORAM : R.I. CHAGLA J.

                                          DATE         : 4TH JANUARY, 2024.

       ORDER :

1. The learned Advocate appearing for the Applicant states

that the Respondent has been served and Affidavit of Service dated

6th May, 2022 to that effect has been filed. The Affidavit of Service

shows that the Respondent has been served through RPAD and the

track report from the official website www.indiapost.gov.in shows

"item delivery confirmed" for the Respondent on 22nd April, 2022.

45-ia-398-2022.doc

Thus, the Respondent has been served with the papers and

proceedings in the above matter. Inspite of service, the Respondent

has not remained present.

2. The learned Advocate appearing for the Applicant has

accordingly sought ad-interim relief in terms of prayer Clauses (b)

and (g) of the Interim Application which are for disclosure of

properties as well as assets for satisfying the decree of the Applicant.

3. Having considered that the Respondent has been served

with the papers and proceedings in the matter including the present

Interim Application and inspite of service they have failed to make

appearance, the ad-interim relief as sought for by the Applicant

requires to be granted. Hence, the following order:-

(i) The ad-interim relief in terms of prayer Clauses (b) and (g)

is granted, which read thus:-

"(b) That the Respondents above named be required by an order of this Hon'ble Court to file their Affidavit stating particulars of their all properties including personal immovable and movable properties etc., as provided under Order 21 Rule 41 of the Code of Civil

45-ia-398-2022.doc

Procedure, 1908 since the Award dated 15th November, 2019 passed by the Hob'ble Court has remained unsatisfied for more than 30 days from the date of its passing;

(g) That the Respondents be directed to disclose their means on Affidavit for satisfying the decree of the Applicant under execution as per Section 51 of the Code of Civil Procedure, 1908.

(ii) 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 Applicant .

(iii) The Interim Application shall be placed on 26th February,

2024.

[ R.I. CHAGLA J. ]