Omsav Pharma Research Pvt Ltd vs Orbit Life Science Pvt Ltd
2025 Latest Caselaw 6586 Bom

Citation : 2025 Latest Caselaw 6586 Bom
Judgement Date : 8 October, 2025

Bombay High Court

Omsav Pharma Research Pvt Ltd vs Orbit Life Science Pvt Ltd on 8 October, 2025

Author: Abhay Ahuja

Bench: Abhay Ahuja

                                       918. IA 3536-25 in EXA 1937-23 @ IA 5945-25.doc


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

                    INTERIM APPLICATION NO. 3536 OF 2025
                                     IN
                   EXECUTION APPLICATION NO. 1937 OF 2023

 Omsav Pharma Research Pvt. Ltd.              ...Applicant
       V/s.
 Orbit Life Science Pvt. Ltd.                 ...Respondent
                               WITH
                INTERIM APPLICATION NO. 5945 OF 2025

 Mr. Saurabh S. Godbole i/b Mr. Sahil Mahajan for the Applicant.
 Ms. Isha Sawant, through VC for the Judgment Debtor.

                           CORAM   :      ABHAY AHUJA, J.

                           DATE    :      8th OCTOBER, 2025
 P.C. :
 Interim Application No. 3536 of 2025

1. This Interim Application seeks directions to the two garnishees

viz. Respondent No.1-IndusInd Bank and the Respondent No.2-Kotak

Mahindra Bank Ltd. to deposit the monies of the Judgment Debtor

lying with them into the Sheriff's account.

2. Mr. Godbole, learned Counsel appears for the Applicant and

submits that since the payment under the award dated 6 th February,

2023 was not forthcoming, inspite of the execution, garnishee

proceedings had been initiated against the two banks. That warrants of

attachment under Order XXI Rule 46 of the Code of Civil Procedure,

918. IA 3536-25 in EXA 1937-23 @ IA 5945-25.doc

1908 have been served, so also the garnishee notices have been served.

Mr. Godbole submits that the Bailiffs report at Exhibits-D and E clearly

indicate the service of the garnishee notices to the said Respondents.

Learned Counsel submits that since the banks have failed to deposit the

sums as mentioned in the garnishee notices with the Sheriff of Bombay,

this Application has been filed seeking directions to the two

Respondents.

3. Having heard the learned Counsel and having considered his

submissions, this Court is of the view that the Interim Application be

allowed in terms of the prayer Clauses (a) and (b) which read thus:-

"(a) That the Hon'ble Court be pleased to direct the Manager of the Respondent No.1 i.e. IndusInd Bank Ltd., Opera House Branch, Mumbai-400 004 to deposit Rs. 43,22,753.75 (Rupees forty-Three Lakhs Twenty-Two Thousand Five Hundred Seventy-Three and Seventy-Five Paise Only) from the Bank Account No. 650014094021 of the Judgment Debtor with the Sheriff of Bombay.

(b) That the Hon'ble Court be pleased to direct the manager of the Respondent No. 2 i.e. Kotak Mahindra Bank Ltd., Huges Road Branch, Mumbai-400 008, to deposit Rs. 43,22,753.75 (Rupees forty-Three Lakhs Twenty-Two Thousand Five Hundred Seventy-Three and Seventy-Five Paise Only) from the Bank Account No. 550044011540, of the Judgment Debtor with the Sheriff of Bombay."

4. Let the two Respondents respectively deposit the amounts

mentioned in the two prayer Clauses within a period of four weeks

with the Sheriff fo Bombay.

918. IA 3536-25 in EXA 1937-23 @ IA 5945-25.doc

5. The Interim Application accordingly stands allowed and disposed

as above.

6. All to act on a copy of the order duly authenticated by the

learned Associate of this Court.

Interim Application No. 5945 of 2025

7. Mr. Godbole, learned Counsel appears for the Applicant and

submits that despite service of the Execution Application as well as the

Interim Application, no payment has been made nor anyone represents

the Judgment Debtor. Mr. Godbole submits that since the amount under

the award is outstanding, this Court may direct the Judgment Debtor to

make disclosure in terms of prayer Clause (a),which reads thus:-

"(a) That this Hon'ble Court be pleased to pass appropriate order and directions under Order XXI Rule 41 of the Code of Civil Procedure 1908 directing the Respondent / Judgment Debtor herein to disclose on oath, particulars as on date of all their assets including all their movable and immovable assets, all particulars of Bank Accounts (including bank statements), income tax returns of last three financial years."

8. Ms. Sawant, learned Counsel appears through video conferencing

and seeks one week's time to file vakalatnama in the matter.

918. IA 3536-25 in EXA 1937-23 @ IA 5945-25.doc

9. Let vakalatnama be filed within a period of one week.

10. Let disclosure in terms of prayer Clause (a) be made by the

Managing Director/Director of the Judgment Debtor on an affidavit

within a period of four weeks.

11. List on 17th December, 2025.

(ABHAY AHUJA, J.) Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: