Bombay High Court
Adinath Co-Operative Housing Society ... vs Aditya Developers And 2 Ors on 3 May, 2024
Author: Abhay Ahuja
Bench: Abhay Ahuja
941-IA-166-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.166 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION (L) NO.29427 OF 2021
ADINATH CO-OPERATIVE HOUSING SOCIETY LTD....APPLICANT
V/s.
ADITYA DEVELOPERS AND ORS ...RESPONDENTS
Mr. Kapil Shah for Applicant-Decree Holder.
CORAM : ABHAY AHUJA, J.
DATE : 3rd MAY, 2024
P.C. :
1. This interim application seeks execution of arbitral award dated
10th August, 2021, pursuant to which the Respondents were directed to
make payment referred to in paragraph 9 of the said application,
aggregating to Rs. 2,92,71,631/- as on 11th December, 2021.
NIKITA
YOGESH
GADGIL
2. Mr. Shah, learned Counsel for the Applicant submits that
thereafter, the Respondents have been served and and affidavit of
service dated 11th April, 2022 has been filed. Thereafter, an additional
affidavit dated 6th September, 2023 has been filed by the Applicant,
with respect to the alienation of some properties by the Respondents.
941-IA-166-2022.doc
Mr. Shah, submits that since no payment has been made under the
arbitral award and the Respondents though served are not present in
the Court and in the process of alienating properties, this Court grant
reliefs in terms of prayer Clauses (a) and (d), which read thus:-
"(a) That pending hearing and final disposal of the above
Execution Application, this Hon'ble Court be pleased to pass
an order directing the Respondents to disclose by way of an
Affidavit:
(i) full and complete details and particulars of all of the
assets and properties, movable and immovable, including
joint properties, leasehold properties, investments in real
estate such as bookings in any plots or flats, etc., whether
encumbered or unencumbered in which each of the
Respondent may have a direct or direct interest,
wheresoever situated;
(ii) copies of each of the Respondents' Income Tax returns
for the last 3 years; and
(iii) particulars of all Bank Accounts, including current and
savings accounts in the names of each of the Respondents
(whether individually or jointly with other) and the bank
statements of all such bank accounts;
(iv) particulars of DEMAT accounts held by Respondents in
the past 10 years;
(v) details of cash in hand;
(vi) details of value of shares held by the Respondents in
other concerns or companies and to furnish copies of the
original share certificate to the Applicant;
(vii) particulars of safety deposit lockers in the name of the
Respondents (whether individually or jointly with other
persons);
(viii) particulars of debts/liabilities owned by third parties
to the Respondents or other sums of monies payable to the
Respondents by any person/company;
(ix) particulars of movable assets including but limited to
(a) Motor-vehicle, (b) Plant & equipment, etc.;
(x) particulars of intangible assets of the Judgment Debtors
including patents, trademarks, copyright, design, goodwill
941-IA-166-2022.doc
and their value;
(xi) Such other particulars as this High court deems fit.
(d) That pending hearing and final disposal of the
Execution Application, this Hon'ble Court be pleased to
restrain the Respondents by themselves and/or their
servants and/or their respective agents by an order of
injunction from disposing off, selling, transferring,
alienating, encumbering, parting with possession of any
assets and properties, whether moveable or immovable, of
the Respondents; "
3. None appears for the Respondents, though served.
4. Having heard the learned Counsel and having considered the
submissions, this Court is of the view that reliefs in terms of prayer
clauses (a) and (d) be granted.
5. Let affidavit of disclosure on oath in terms of prayer clauses (a)
be filed by the Respondents within a period of four weeks.
6. Let a copy of this order be served upon the Respondents and an
appropriate affidavit of service be filed by the next date.
7. List on 10th July, 2024.
(ABHAY AHUJA, J.)
