Transasia Bio Medicals Ltd vs New Noor Hospital
2024 Latest Caselaw 585 Bom

Bombay High Court

Transasia Bio Medicals Ltd vs New Noor Hospital on 10 January, 2024

Author: R.I. Chagla

Bench: R.I. Chagla

                                                                   24-ia-353-2021.doc

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

                        INTERIM APPLICATION NO.353 OF 2021
                                        IN
                     EXECUTION APPLICATION (L) NO.8110 OF 2020

       Transasia Bio-Medicals Ltd.                           ...Applicant /
                                                             Claimant

               Versus

       New Noor Hospital                                     ...Respondent

                                        ----------
       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 were attempted to be

served, but the service has been refused which amounts to deemed

service. He has filed Affidavit of Service dated 10th February, 2022 to

that effect. However, despite service the Respondents have not made

their appearance.

24-ia-353-2021.doc

2. The learned Advocate appearing for the Applicant /

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

the Interim Application.

3. I have considered that the Award has been passed on 4th

January, 2020 under which the Respondents are to pay Rs.1,25,080/-

along with 24% 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. Further, there are no proceedings filed under Section 34

of the Arbitration and Conciliation Act, 1996 challenging the Award.

In view thereof, the ad-interim relief sought for by the Applicant /

Decree Holder requires to be granted.

4. Hence, the 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

24-ia-353-2021.doc

under Order XXI Rule 41 of the Code of Civil Procedure, 1908 since the Decree / Award dated 4th January, 2020 passed by the learned Arbitral Tribunal has remained unsatisfied for more than 30 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

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. ]