In an interim application for execution of an arbitral award, the single judge granted the applicant's prayer for an affidavit of disclosure detailing the respondents' assets and financial means to satisfy the decree.
Directed respondents to file an affidavit of disclosure regarding properties and assets within four weeks.
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.
907-IA-2653-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.2653 OF 2024 IN EXECUTION APPLICATION (L) NO.22152 OF 2024
Avanse Financial Services Ltd ...Applicant
V/s.
Balaji Educational Society and Ors ...Respondents
Ms. Bijal K. Gogri i/b GNP Legal, Advocate for the Applicant. None for the Respondents.
CORAM : ABHAY AHUJA, J. DATE : 28th NOVEMBER, 2024
P.C. :
Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2024.11.29 10:23:41 +0530
5th December, 2022, pursuant to which the Respondents were directed to pay to the Applicant a sum of Rs. 12,70,541/- comprising of outstanding installments, overdue interest, cots of arbitration with further interest.
Nikita Gadgil 1/2
907-IA-2653-2024.doc
“(b) That the Respondents above named be required by an order of this Hon’ble Court to file his Affidavit stating particulars of his properties such as immovable properties, bank balance, other assets, investments of the Respondents etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908.
(d) That the Respondents be directed to disclose their means on affidavit for satisfying the decree of the Applicant under execution as per Section 51 of the Code of Civil Procedure.”
(ABHAY AHUJA, J.)
Nikita Gadgil 2/2
1 issue framed by the court
Whether an affidavit of disclosure regarding immovable properties and bank balances under Order 21 Rule 41 CPC and Section 51 CPC should be directed to be filed by the respondents in execution proceed
2 provisions across 1 enactments
Avanse Financial Services Ltd
Balaji Educational Society
ABHAY AHUJA
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
