Ajay Ghanshyamdas Goenka vs Alfred Micheal Arambhan
2024 Latest Caselaw 25384 Bom

Bombay High Court

Ajay Ghanshyamdas Goenka vs Alfred Micheal Arambhan on 4 September, 2024

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                               7-IA-865-2021.doc


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

                    INTERIM APPLICATION NO. 865 OF 2021
                                    IN
                   CHAMBER SUMMONS (L) NO. 1169 OF 2019

 Ajay Ghanshyamdas Goenka                         ... Applicant
             V/s.
 Alfred Micheal Arambhan (Defendant) and
 Nalini Arambhan and others (Proposed Defendants) ... Respondents
                                WITH
               INTERIM APPLICATION NO. 888 OF 2021
                                WITH
     COMMERCIAL EXECUTION APPLICATION (L) NO. 622 OF 2019
                                WITH
               CHAMBER SUMMONS NO. 1242 OF 2019

 Mr. Akshay Patil alongwith Ms. Devika Mandekar and Mr. R.P. Shirole
 instructed by Khare Legal Chambers, Advocate for the Applicant.
 Mr. Bimal Bhabhda, Advocate for the Respondent-Judgment Debtor.
 Mr. Mehul Shah, Advocate for the proposed Defendants.

                                  CORAM       :        ABHAY AHUJA, J.

                                  DATE        :        4 SEPTEMBER, 2024
 P.C. :

1. Pursuant to the earlier orders of this Court, today when the

matter is called out, Mr. Bhabhda appears for the Respondent/

Judgment Debtor and once again seeks some more time to furnish the

bank statements with complete details from March 2018 till 7 th March

2024.

2. Mr. Patil appears for the Applicant/Judgment Creditor and

submits that not only that the bank statements have not been furnished

7-IA-865-2021.doc

till date, but no extension of time had also been sought to do so and

that the Respondent is in breach of the orders of this Court exposing

himself to contempt proceedings.

3. Mr. Patil also submits that on the last occasion, restraint on

the Judgment Debtor was pressed. However, since Mr. Bhabhda had

sought time to take instructions, this Court had adjourned the matter to

5th April 2024 and that thereafter, till date neither the bank statements

have been filed nor any instructions have been taken and once again

time is being sought and therefore, this Court pass appropriate orders

in the matter.

4. Having heard the learned Counsel and having considered

their submissions, as and by way of last chance and subject to payment

of costs of Rs.25,000/- to the Applicant within a period of two weeks,

let the Judgment Debtor files bank statements from March 2018 till

date within a period of two weeks, after having paid the costs to the

Applicant. Also until further orders, the Respondents/Judgment

Debtors are directed, not to, in any manner whatsoever, deal with or

dispose of any of their assets moveable or immovable, tangible or

intangible.

5. List on 17th October 2024.

(ABHAY AHUJA, J.)