Neogrowth Credit Pvt. Ltd vs Unison Automobiles And 2 Ors
2024 Latest Caselaw 583 Bom

Bombay High Court

Neogrowth Credit Pvt. Ltd vs Unison Automobiles And 2 Ors on 10 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                   23-ia-119-2021.doc

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

                        INTERIM APPLICATION NO.119 OF 2021
                                        IN
                     EXECUTION APPLICATION (L) NO.5340 OF 2020

       NeoGrowth Credit Pvt. Ltd.                            ...Applicant /
                                                             Claimant

               Versus

       Unison Automobile and Anr.                            ...Respondents

                                        ----------
       A. Bangera i/b. Disha Karambar and Associates for the Applicant /
       Claimant.
                                        ----------

                                        CORAM : R.I. CHAGLA J.

                                        DATE         : 10TH JANUARY, 2024.

       ORDER :

1. The learned Advocate appearing for the Applicant /

Decree Holder states that the Respondents have been served and he

has filed Affidavit of Service dated 7th March, 2022 to that effect,

despite service the Respondents have not made their appearance.

2. The learned Advocate appearing for the Applicant /

Claimant has sought disclosure order in terms of prayer Clause (b)

23-ia-119-2021.doc

which is to file disclosure Affidavit by the Respondents.

3. Considering that the award has been passed on 7th

December, 2019 under which the Respondents are to pay

Rs.81,68,882/- along with 8% p.a. interest from the date of the

passing of the award till payment and / or realization thereof and

that no payments have been made by the Respondents / Judgment

Debtors under the said Award as well as no proceedings have been

filed under Section 34 of the Arbitration and Conciliation Act, 1996,

the relief sought for by the Applicant / Decree Holder requires to be

granted.

4. In view thereof, following order is passed:-

(i) Ad-interim order is granted in terms of prayer Clause (b) of

the Interim Application, which reads 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 properties etc., as provided under Order XXI Rule 41 of the Code of Civil Procedure, 1908 since the Decree / Award dated 7th December, 2019 passed by the learned Arbitral Tribunal has remained unsatisfied for more than 30

23-ia-119-2021.doc

days from the date of its passing."

(ii) The Respondent shall file Affidavit of Disclosure within a

period of four weeks from today.

(iii) The Advocate for the Applicant / Decree Holder shall serve

the notice of this Order on the Respondents and file Affidavit of

Service to that effect on or before the next date.

(iv) The Interim Application shall be placed on 21st February,

2024.

[ R.I. CHAGLA J. ]