The single judge allowed an interim application seeking execution of an arbitral award. Granting prayer for the respondent to file an affidavit of disclosure of properties and means under Order 21 Rule 41 and Section 51 CPC.
Respondent directed to file an affidavit of disclosure of properties and means for satisfying the arbitral award.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2623 OF 2024 IN
EXECUTION APPLICATION (L) NO. 22840 OF 2024
Kotak Mahindra Bank Limited ...Applicant V/s. Sachin Bhauso Hake ...Respondent
Ms. Nehal Deshmukh with Mr. Reet Jain i/b S. I. Joshi & Co., Advocate for the Applicant.
CORAM : ABHAY AHUJA, J. DATE : 23rd OCTOBER, 2024 P.C. :
4th March, 2022, pursuant to which the Respondent was directed to pay
to the Applicant a sum of Rs.11,65,421/- along with interest.
Digitally
signed byNIKITA
NIKITA YOGESH
YOGESH GADGIL
GADGIL Date:
2024.10.23
18:35:32
+0530
“(b) That the Defendant abovenamed be required by an order of this Hon’ble Court to file his Affidavit stating particulars of his properties etc., as provided under Order 21
Nikita Gadgil 1/2
Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 04.03.2022 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing;
(g) That the Defendant be directed to disclose their means on affidavit for satisfying the decree of the Plaintiffs under execution as per Section 51 of the Code of Civil Procedure.”
(ABHAY AHUJA, J.)
Nikita Gadgil
1 issue framed by the court
Whether to grant prayer for disclosure of properties and means under Order 21 Rule 41 and Section 51 CPC in an interim application for execution of arbitral award.
2 provisions across 1 enactments
Kotak Mahindra Bank Limited
Sachin Bhauso Hake
Abhay Ahuja
As recorded by the court registry
13 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
