Disposed

Capital India Home Loans Limited v. Shrawan Kumar Agarwal and 2 Ors.

Bombay HC4 Jul 2024IA/929/2024

Case brief

AI extract

What is this about?

Execution application seeking enforcement of an arbitral award for Rs.29,85,903/- with interest. Respondents were unrepresented despite deemed service. The Court directed the respondents to file affidavits disclosing movable and immovable assets and means within four weeks and listed the matter for further hearing.

What did the court decide?

Respondents directed to file affidavit of disclosure of assets and means within four weeks; matter listed 4th July 2024.

Capital India Home Loans Limited vs Shrawan Kumar… — Execution and Attachment | Bombay HC (2024)

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IA 929-24 in EXAL 6622-24.doc

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

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INTERIM APPLICATION NO. 929 OF 2024 IN

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EXECUTION APPLICATION (L) NO. 6622 OF 2024

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Capital India Home Loans Ltd. V/s.

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Shrawan Kumar Agarwal and Ors.

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...Applicant

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...Respondents

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Ms. Divya Waghela i/b GNP Legal for Applicant. None for the Respondents.

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CORAM : ABHAY AHUJA, J. DATE : 2^nd MAY, 2024

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P.C. :

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This Interim Application seeks execution of arbitral award dated 31^st January, 2022, pursuant to which the Respondents were directed to

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pay to the Applicant a sum of Rs.29,85,903/- along with interest.

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Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGIL GADGIL Date: 2024.05.03 15:09:43 +0530

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Ms. Waghela, learned Counsel, appears for the Applicant and submits that no payment has been received by the Applicant till date and that the Respondents are deemed to have been served as they have refused to accept the packets. Learned Counsel draws the attention of this Court to the affidavit of service dated 17^th April, 2024 in support of her contention. Learned Counsel therefore, seeks reliefs in terms prayer

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Nikita Gadgil 1/2

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IA 929-24 in EXAL 6622-24.doc

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Clauses (b) and (d), which read thus :

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“(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/assets being movable, immovable, unencumbered properties Salary details etc., as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908.

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(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.”

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The Respondents, though deemed to be served, are not represented.

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Having heard the learned Counsel and having considered the submissions, this Court deems it appropriate to grant reliefs in terms of Prayer clauses (b) and (d) as above.

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Let affidavit of disclosure, on oath, in terms of Prayer clauses (b) and (d) be filed by the Respondents within a period of four weeks.

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Let a copy of this order be served upon the Respondents and an appropriate affidavit of service be filed by the next date.

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List on 4^th July, 2024 .

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Nikita Gadgil

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2/2

Capital India Home Loans Limited v. Shrawan Kumar Agarwal and 2 Ors.

Case brief

What is this about?

What did the court decide?

Capital India Home Loans Limited v. Shrawan Kumar Agarwal and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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