Emkay Fincap Ltd. vs Chetan Rajnikant Shah
2025 Latest Caselaw 1051 Bom

Bombay High Court

Emkay Fincap Ltd. vs Chetan Rajnikant Shah on 30 July, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                                                                             33-CHSCD-314-2019.doc


                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY

           Digitally signed
                                                  ORDINARY ORIGINAL CIVIL JURISDICTION
           by KANCHAN
KANCHAN    PRASHANT
PRASHANT
           DHURI
           Date:
                                                             IN ITS COMMERCIAL DIVISION
DHURI      2025.07.30
           18:58:34
           +0530                                     CHAMBER SUMMONS NO. 314 OF 2019
                                                                         IN
                                    COMMERCIAL EXECUTION APPLICATION (L) NO. 299 OF 2019
                               Emkay Fincap Ltd.                                        ... Applicant
                                        Versus
                               Chetan Rajnikant Shah                                    ... Respondent
                                                              ............
                               Mr. Samarth Jaidev alongwith Mr. Netaji Gawde instructed by Sanjay
                               Udeshi & Co., Advocate for the Applicant.
                               None for the Respondent.
                                                              ............

                                                                      CORAM     :       ABHAY AHUJA, J.

                                                                      DATE      :       30 JULY 2025

                               P.C. :

1. When the matters are called out, Mr. Jaidev, learned Counsel,

appears for the Applicant and submits that despite service of the

Chamber Summons, neither any payment has been made nor any one is

present on behalf of the Respondent/Judgment Debtor and that this

Court may direct disclosure in terms of prayer clauses (a) and (c).

2. It is observed that the Execution Application is still on lodging

number. Let office objections be removed and registered number be

obtained within a period of two weeks, failing which the Execution

33-CHSCD-314-2019.doc

Application and as a consequence the Chamber Summons to stand

dismissed without further reference to this Court.

3. Subject to the above, the Respondent/Judgment Debtor is

directed to make disclosure on Affidavit, within a period of four weeks,

in terms of prayer clauses (a) and (c), which read thus :

"(a) That this Hon'ble Court be pleased to direct the Defendant/Judgment Debtor herein to file affidavit stating the particulars of all his assets (movable and immovable) as provided in Order XXI Rule 41 Sub-rule (2) of the Code of Civil Procedure.

(c) That pending the hearing and final disposal of the chamber summons, this Hon'ble Court may direct the Respondent (Judgment Debtor) to file affidavit along with his income tax returns, profit and loss account, pass books, balance sheets for the last five years."

4. Also subject to the above, a copy of this order be served upon

the Respondent/Judgment Debtor.

5. Also subject to the above, list on 18th September 2025.

(ABHAY AHUJA, J.)