Allowed¶19

Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd) v. Ajeet Rajendraprasad Yadav

Bombay HC17 Dec 2025IA/1220/2025

Case brief

AI extract

What is this about?

Execution of arbitral award; Order 21 Rule 41 CPC affidavit of particulars of properties; Section 51 CPC disclosure of means/judgment-debtor; ex parte respondent though served; Tata Capital Limited v. Ajeet Rajendraprasad Yadav; decretal sum Rs. 99, 168/- with interest; Bombay High Court OOCJ; Abhay Ahuja, J.; affidavit of disclosure within four weeks; listed 18.02.2026.

What did the court decide?

Disclosure on affidavit in terms of prayer Clauses (b) and (d) — particulars of properties under Order 21 Rule 41 CPC and disclosure of means under Section 51 CPC — to be filed by the Respondent within four weeks; copy of the order to be served on the Respondent with an appropriate affidavit of service filed by the next date; matter listed on 18th February, 2026. ¶19

Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd) vs Ajeet Rajendraprasad Yadav — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶19

Issue for consideration

Whether the Respondent, though served, should be required to disclose on affidavit the particulars of his properties under Order XXI Rule 41 CPC and his means for satisfaction of the decree under Section 51 CPC in execution of the arbitral award dated 6th May, 2024.

¶11

Court's answer

The Court held that relief in terms of prayer Clauses (b) and (d) — affidavit of particulars of properties under Order XXI Rule 41 CPC and disclosure of means on affidavit under Section 51 CPC — be granted against the Respondent in the pending execution.

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Ratio / Principle

The Respondent was directed to file an affidavit of disclosure on oath in terms of prayer Clauses (b) and (d) within a period of four weeks.

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Detailed headnote1 paragraphs

Bombay High Court (OOCJ), Abhay Ahuja, J. — Interim Application No. 1220 of 2025 in Execution Application No. 2563 of 2025 (Tata Capital Limited v. Ajeet Rajendraprasad Yadav), decided 17th December, 2025. The Applicant sought execution of an arbitral award dated 6th May, 2024 directing the Respondent to pay Rs. 99, 168/- with interest; no payments had been received. Though the Respondent was served on 14th May, 2025, none appeared. The Court granted relief in terms of prayer Clauses (b) and (d): an affidavit stating particulars of the Respondent's properties under Order 21 Rule 41 CPC and disclosure of his means on affidavit for satisfaction of the decree under Section 51 CPC. The affidavit of disclosure on oath was to be filed within four weeks, a copy of the order was to be served with an affidavit of service by the next date, and the matter was listed on 18th February, 2026.

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IA 1220-25 in EXA 2563-25.doc

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

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Digitally signed by NIKITA NIKITA YOGESH YOGESH GADGILDate: GADGIL 2025.12.18 11:24:50 +0530

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INTERIM APPLICATION NO. 1220 OF 2025 IN

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EXECUTION APPLICATION NO. 2563 OF 2025

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Tata Capital Limited ...Applicant V/s. Ajeet Rajendraprasad Yadav ...Respondent

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Ms. Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant.

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CORAM : ABHAY AHUJA, J. DATE : 17^th DECEMBER, 2025

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P.C. :

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This Interim Application seeks execution of arbitral award dated 6^th May, 2024, pursuant to which the Respondent was directed to pay to the Applicant a sum of Rs. 99, 168/- along with interest.

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Ms. Gogri, learned Counsel appears for the Applicant and submits that no payments have been received by the Applicant till date. That, the Respondent has been served on 14^th May, 2025 and this Court grant prayer of disclosure in terms of prayer Clauses (b) and (d), which read thus :

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“(b) That the Respondent above named 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 Rule 41 of the Code of Civil Procedure, 1908.

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Nikita Gadgil

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1/2

¶15

IA 1220-25 in EXA 2563-25.doc

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(d) That the Respondent be ordered and 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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None appears for the Respondent, though served.

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Having heard the learned Counsel and having considered her submissions, this Court is of the view that relief in terms of prayer Clauses (b) and (d) be granted.

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Let affidavit of disclosure on oath in terms of prayer Clauses (b) and (d) be filed by the Respondent within a period of four weeks.

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

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List on 18^th February, 2026.

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(ABHAY AHUJA, J.)

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Nikita Gadgil

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Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd) v. Ajeet Rajendraprasad Yadav

Case brief

What is this about?

What did the court decide?

Tata Capital Limited (Formerly Known as Tata Capital Financial Services Ltd) v. Ajeet Rajendraprasad Yadav

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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