Vida Jewellery L..L.C, U.A.E vs Rajesh Kumar Pratapbhai Soni ...
2024 Latest Caselaw 2749 Bom

Bombay High Court

Vida Jewellery L..L.C, U.A.E vs Rajesh Kumar Pratapbhai Soni ... on 30 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                   4-n-12767-2021.doc

jsn
                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       ORDINARY ORIGINAL CIVIL JURISDICTION
                           NOTICE (L) NO.12767 OF 2021
                                       IN
                     COM EXECUTION APPLICATION NO.15 OF 2021

       Vida Jewellery L.L.C. UAE                              ...Applicant /
                                                              Decree Holder

               Versus

       Rajesh Kumar Pratapbhai Soni Pratabbhai                ...Respondent
       Naranadas Soni
                                    ----------
       Zoheb Khatri, i/b. IndianLaw LLP for the Decree Holder.
       Mr. Onkar Wable for the Respondent.
                                          ----------

                                          CORAM : R.I. CHAGLA J.
                                          DATE  : 30TH JANUARY, 2024.
       ORDER :

1. Pursuant to the Notice issued under Order XXI Rule 22 of

the Code of Civil Procedure, 1908, the learned Advocate has been

appearing for the Respondent / Judgment Debtor.

2. A preliminary objection has been raised to the

maintainability of the Execution Application in this Court.

3. This Court had granted an order in terms of prayer

4-n-12767-2021.doc

Clauses (b) and (c) of the Interim Application No.1719 of 2021 taken

out in the Notice directing disclosure of assets of the Respondent /

Judgment Debtor. Pursuant to which an Affidavit of Disclosure has

been filed by the Respondent / Judgment Debtor. The Applicant /

Decree Holder has sought further disclosure in view of the

Respondent / Judgment Debtor giving incomplete disclosure by not

disclosing the assets other than a bank statement for one year prior

to the Affidavit dated 7th December, 2023.

4. Thereafter, this Court by order dated 17th February, 2023

had directed the Respondent / Judgment Debtor to file further

Affidavit of Disclosure in compliance with prayer Clauses (b) and (c)

of the Interim Application giving disclosure for previous five years of

not only the bank statements / financial statements but also of the

assets which are in the possession of the Respondent / Judgment

Debtor.

5. The learned Counsel appearing for the Respondents /

Judgment Debtor states that the further Affidavit of Disclosure has

been attempted to be filed but due to an error in the pagination, the

same has not been accepted. He has sought time to dispense with the

4-n-12767-2021.doc

objections raised by the department.

6. In view of the Respondent / Judgment Debtor being

represented by their Advocate, there is no necessity of keeping the

Notice issued under Order XXI Rule 22 of the CPC pending and the

same is made absolute. The rights and contentions of the Respondent

/ Judgment Debtor on the issue of maintainability of the Execution

Application is kept open and to be raised at the time of hearing of the

Execution Application.

7. The Advocate for the parties shall cooperate and have

the objections of the department dispensed with. The department

shall also accept the filing of the further Affidavit of Disclosure by the

Respondent / Judgment Debtor upon the proper pagination being

carried out.

8. The Interim Application No.1719 of 2021 with

Commercial Execution Application shall be placed on 12th February,

2024, high on board.

[ R.I. CHAGLA J. ]