Kotak Mahindra Bank Limited v. Ferriswheel Entertainment Private Limited
Execution of money decree – Order XXI Rules 37 and 41, Code of Civil Procedure, 1908
Case brief
What is this about?
Kotak Mahindra Bank Ltd. v. Ferriswheel Entertainment Pvt. Ltd. and others — Interim Application No. 2207 of 2024 in Execution Application No. 1441 of 2025, High Court of Judicature at Bombay (Abhay Ahuja, J.), decided 5 August 2025. Execution of money decree; Applicant sought Order XXI Rule 37 CPC show cause notice for non-compliance with disclosure order dated 5 May 2025, alternatively Order XXI Rule 41 CPC oral examination. Held: women judgment-debtors (Respondents No.3 and 4) cannot be arrested or detained in civil prison in execution of a money decree, so Rule 37 notice declined; Rule 41 oral examination permitted; notice issued for appearance with books and documents on 2 September 2025. Keywords: Order XXI Rule 37 CPC; Order XXI Rule 41 CPC; arrest of women in execution; oral examination of judgment-debtors; disclosure order; Bombay High Court.
What did the court decide?
Primary prayer for show cause notice under Order XXI Rule 37 CPC declined; alternative relief granted — Registry directed to issue notice to Respondents No.3 and 4 to remain present in Court for oral examination under Order XXI Rule 41 CPC with necessary books and documents on the next date; Respondents No.3 and 4 to remain present on the next date; matter listed on 2nd September 2025.