Bombay High Court
Rapier Fabrics vs Rishabh Instruments And Anr on 29 September, 2025
Author: Abhay Ahuja
Bench: Abhay Ahuja
12. IA 82-22 in COMEX 61-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 82 OF 2022
IN
COMMERCIAL EXECUTION APPLICATION NO. 61 OF 2017
Rapier Fabrics ...Applicant
V/s.
Rishabh Instruments and Anr. ...Respondents
Mr. Dhruva Gandhi with Ms. Gayatri Devendra i/b Mr. Lalit V. Jain for
the Applicant.
Mr. Manoj Harit with Ms. Drishti Oswal and Mr. Rahulkumar Bohra i/b
Manoj Harit & Co. for the Judgment Debtor.
Mr. Rahul Shah, Respondent No. 2 present in person.
CORAM : ABHAY AHUJA, J.
DATE : 29 SEPTEMBER, 2025
P.C. :
1. Pursuant to the order dated 14th August, 2025, today when the
matter is called out, Mr. Harit, learned Counsel appearing for the
Respondents No. 1 and 2 submits that the Respondent No.2 is present
in Court for oral examination under Order XXI Rule 41 of the Code of
Civil Procedure, 1908 along with necessary books and documents.
2. The Respondent No. 2 is requested to step into the witness box
and the learned Associate of this Court has administered oath to the
Respondent No.2.
12. IA 82-22 in COMEX 61-17.doc
3. Mr. Gandhi, learned Counsel appearing for the Applicant
commences the oral examination.
Name : Mr. Rahul Shah
Age : 43 years.
Occupation : Salaried
Address : A-501, Celestia Spaces, T. J. Road,
Sewree, Mumbai-400015.
Oral Examination of Mr. Rahul Shah, Respondent No.2 under Order XXI
Rule 41 of the Code of Civil Procedure, 1908.
Q.1. Where do you currently work?
Ans:- Automatic industries located in Vasai.
Q.2. Where do you currently reside?
Ans:- I reside in Sewree in Celestia Spaces.
Q.3. Do you own a vehicle?
Ans:- No.
Q.4. Other than the three bank accounts, which you have furnished in
the rejoinder, do you have any other bank accounts?
Ans:- No.
Q.5. Can you produce the bank accounts statements held by you with
Yes Bank, ICICI Bank and HDFC Bank for the period 1 st January, 2025
till date?
12. IA 82-22 in COMEX 61-17.doc
Ans:- Yes. Presently I have only statements of Yes Bank and HDFC Bank
and for ICICI Bank I will produce next time. (Copies are given to the
learned Counsel for the Applicant)
Q.6. What was your last draw salary for the month of August, 2025?
Ans:- Rs. 50,000/-
Q.7. When was the last time you received the salary increment?
Ans:- August, 2024.
(Attention of the witness is drawn to Exhibit-E at page 83 of the
Affidavit in rejoinder)
Q.8. If your salary in the month of October 2024 was Rs. 50,000/-, can
you explain as to why in your bank statement of Yes Bank for the
period 1st October, 2024 to 24th October, 2024, there were credit entries
of Rs. 95,000/- from Automatic Industries?
Ans: For tuition fees, medical expenses and credit card bills I had
drawn an excess.
Q.9. Is there any letter or email by which you made the request to your
employer to draw excess?
Ans.: No. It was verbally communicated.
12. IA 82-22 in COMEX 61-17.doc
(Attention of the witness is drawn to page 87 of the affidavit in
rejoinder)
Q.10. Can you please explain as to why you received additional sum of
Rs. 48,000/- in October, 2024 from Automatic Industries?
Ans: For my son's tuition classes and for grocery bills for purchases
made three months ago.
Q.11. Do you have any receipts of these tuition fees or medical
expenses?
Ans: Yes.
Q.12. Can you produce them on the next occasion?
Ans: Yes.
(Attention of the witness is drawn to the page 84 of the affidavit in
rejoinder)
Q.13. It is observed that you have received a sum of Rs. 80,000/- from
Automatic Industries; Was the excess received for the same purpose you
have mentioned above?
Ans: It was to pay the home rent.
(Attention of the witness is drawn to the pages 88 and 89 of the
affidavit in rejoinder)
Q.14. Can you please explain as to why you received an additional
sum of Rs. 80,000/- in November, 2024 from Automatic Industries?
12. IA 82-22 in COMEX 61-17.doc
Ans: It was to pay advocate fees, son's classes fees and some grocery
bills.
Q.15. Do you have any receipts in support of these payments?
Ans : Yes. I will produce it on the next occasion.
Q.16. When do you usually receive your salary from Automatic
Industries?
Ans : Normally the date is 10 th of every month, but due to business
conditions it fluctuates.
Q.17. Did you receive any payments in cash from the Automatic
Industries?
Ans: No.
Q.18. Are you aware of the consequences of lying under oath?
Ans: Yes.
Q.19. If you are honest then why is there no entry in the bank
statement of Automatic Industries for December, 2024?
Ans: As I told earlier, that the business keep fluctuating and I keep
taking amounts in between every month.
Q.20. Did you receive your salary for December, 2024 at all?
Ans: No.
(Attention of the witness is drawn to the page 91 of the affidavit in
rejoinder)
12. IA 82-22 in COMEX 61-17.doc
Q.21. Can you please explain as to why there are two cash deposits
totalling to Rs.7,00,000/- on 9th October, 2024 and 18th October, 2024?
Ans: I had taken loans from my friends and relatives to repay the
company as there was an urgent need to do so.
4. Since it is already 5.15 p.m. and there are other two matters to
be called out, the oral examination is adjourned to 17th November,
2025.
5. The Respondent No.2 is discharged for the day.
6. Let the Respondent No. 2 also remain present in the Court along
with books and accounts for continuing the oral examination under
Order XXI Rule 41 of the Code of Civil Procedure, 1908.
Digitally
signed by
NIKITA
NIKITA YOGESH
YOGESH GADGIL
(ABHAY AHUJA, J.)
GADGIL Date:
2025.09.29
19:25:17
+0530
