Bombay High Court
Amrutlal Pratapji Shah vs Tjsb Sahakari Bank Ltd on 2 September, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
7. IA 4828-25 in COMEXL 33558-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally signed
by KANCHAN
KANCHAN PRASHANT
PRASHANT DHURI INTERIM APPLICATION NO. 4828 OF 2025
DHURI Date:
2025.09.02
18:11:42 +0530 IN
COMMERCIAL EXECUTION APPLICATION (L) NO. 33558 OF 2024
Amrutlal Pratapji Shah ...Applicant
V/s.
TJSB Sahakari Bank Ltd. ...Respondent
Ms. Annu Sharma i/b Anahata Legal for the Applicant.
Mr. Shadab Jan alongwith Mr. Ajay Deshmane i/b V. Deshpande & Co.
for the Respondent.
CORAM : ABHAY AHUJA, J.
DATE : 2nd SEPTEMBER, 2025
P.C. :
1. This Interim Application seeks disclosure from the Judgment
Debtor.
2. When the matter is called out, Ms. Sharma, learned Counsel
appears for the Applicant and submits that although the Petition under
Section 34 of the Arbitration and Conciliation Act, 1996 has been filed,
however, there is no stay to the execution of the award and that the
award has been passed after the Judgment Debtor-Bank had been
heard and that this Court may in the first instance direct disclosure in
terms of the prayer Clause (a) to the Application.
Nikita Gadgil / Kanchan Dhuri 1/4
7. IA 4828-25 in COMEXL 33558-24.doc
3. Mr. Deshmane, learned Counsel appears for the Respondent-Bank
and seeks some time in the matter.
4. It is observed that the Execution Application is on lodging
number. Let objections be removed and registered number be obtained
within a period of three weeks, failing which the Commercial Execution
Application and consequently the Interim Application to stand
dismissed without further reference to the Court.
5. Subject to the above, this Court is of the view that since there is
no stay to the execution of the award, the Respondent - Bank is
directed to make disclosures in terms of prayer Clause (a), which reads
thus:-
"(a) That pending the hearing and final disposal of the
Execution Application, this Hon'ble Court be pleased to direct
the Judgment Debtor to disclose, within a period of one week
hereof or such further time as this Hon'ble Court deems fit:-
(i) The details fo all its bank accounts and fixed deposit s
maintained with the Reserve Bank of India.
(ii) List of immovable properties along with complete details
standing in the name of or otherwise owned or in control fo
the Judgment-Debtor;
(ii) List of immovable properties along with complete details
standing in the name of or otherwise owned or in control of
the Judgment-Debtor;
(iii) List of all movable properties, including standing in the
name of or otherwise owned by the Judgment-Debtor;
Nikita Gadgil / Kanchan Dhuri 2/4
7. IA 4828-25 in COMEXL 33558-24.doc
(iv) All pending litigation against the Judgment-Debtor in the
various Courts;Tribunals, or any other authority together with
full details of the claims against the Judgment-Debtor;
(v) List of all creditors of the Judgment-Debtor and their
addresses and the amounts due by the Judgment-Debtors to
the creditors and;
(vi) List of all debtors of the Judgment-Debtor and their
addresses and the amounts due to the Judgment-Debtor to the
debtors."
6. Subject to the above, let disclosure be made by the one of the
Directors of the Respondent, on oath, within a period of four weeks.
7. Also subject to the above, let copy of this order be served upon
the Respondent and an appropriate affidavit of service be filed by the
next date.
8. Subject to the above, list on 25th November, 2025.
(ABHAY AHUJA, J.)
Later on at 3.00 p.m. :
9. Mr. Shadab Jan, learned Counsel, appears for the Respondent
and submits that although this Court has directed grant of disclosure
against the Respondent-Bank, however, in view of Section 45-E of the
Reserve Bank of India Act, 1934 such an order could not have been
Nikita Gadgil / Kanchan Dhuri 3/4
7. IA 4828-25 in COMEXL 33558-24.doc
passed as disclosure of credit information is confidential. Mr. Jan had
accordingly requested that the matter be listed for directions tomorrow.
10. This Court had requested Mr. Jan to give notice to the other side,
so that after hearing both the parties an appropriate order could be
passed. However, since this Court had to rise at 4.00 p.m. in view of
the oath ceremony and none was present in the matter, list this matter
'for directions' on 3rd September 2025 on the Supplementary Board.
11. Accordingly, the aforesaid order directing disclosure from the
Respondent is kept on hold.
(ABHAY AHUJA, J.)
Nikita Gadgil / Kanchan Dhuri 4/4
