Nkgsb Co.Op. Bank vs Ravi Bhagwan Singh
2024 Latest Caselaw 14252 Bom

Bombay High Court

Nkgsb Co.Op. Bank vs Ravi Bhagwan Singh on 6 May, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

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

                                     INTERIM APPLICATION (L) NO.33893 OF 2023
                                                       IN
                               COMMERCIAL EXECUTION APPLICATION (L) NO.30559 OF 2023


                         NKGSB Co-operative Bank                                 ... Applicant
                               Vs.
                         Ravi Bhagwan Singh and anr.                             ... Respondents

                                                          -------
                         Ms. Khusboo Agarwal with Mr. Arsh Msra, Advocates for the Applicant.
                         None for the Respondents.
                                                        -------

                                                    CORAM :   ABHAY AHUJA, J.

                                                    DATE :    06 MAY, 2024.


                         P.C. :

1. This Interim Application seeks execution of arbitral award dated

23rd August, 2018 passed by the Arbitral Tribunal under section 84 of the

Multi State Co-operative Societies Act, 2002.

2. Ms. Khusboo Agarwal, learned counsel appears for the Applicant

and submits that a sum of Rs.33,41,726/- with interest at the rate of

Digitally 10.50 % p.a. from 1 st April, 2018 till realization has been outstanding signed by PRIYA PRIYA RAJESH RAJESH SOPARKAR SOPARKAR Date:

2024.05.07 10:55:03 +0530 and the aforesaid award has not been challenged. Ms. Agarwal submits

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that the Respondents have been served on 27 th April, 2024 and despite

that none appears. Learned counsel accordingly seeks disclosure on oath

in terms of prayer clauses (a) and restraint in terms of prayer clause (c)

which read thus :

"a) Pending the hearing and final disposal of the Execution Application, this Honorable Court in exercise of Powers Order 21 Rule 41 direct the Judgment Debtors/Respondents to disclose on oath their movable as well as immovable properties including the status of any encumberance created qua the said properties in accordance with provisions of Order 21 Rule 41 of the Code of Civil Procedure, 1908.

c) Pending the hearing and final disposal of the Execution Application, the Respondents/Judgment Debtors by themselves or their servants, agents, officers or any person or persons claiming by, through or under them may please be restrained by an order of injunction of this Honorable Court from dealing with, disposing off, selling, alienating, encumbering, creating third party right and/or giving their movable as well as immovable assets to any third party."

3. Having heard the learned counsel and having perused the affidavit

of service, this Court is of the view that the aforesaid prayers be granted.

4. Let disclosure be filed on oath within a period of four weeks.

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5. List on 18th July, 2024.

6. Let copy of this order be served upon the Respondents and an

appropriate affidavit of service be filed by the next date.

                                                       (ABHAY AHUJA, J.)




   Priya R. Soparkar                                                               3 of 3