Aditya Birla Finance Limited vs Mitra Bhanu Meher — Bombay HC (2025) — LawSathi Research

Aditya Birla Finance Limited vs Mitra Bhanu Meher — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed in respect of prayer clauses (b), (e) and (h): Respondents/Judgment Debtors directed to make disclosures within four weeks, subject to removal of objections to the Execution Application and registration within two weeks (failing which the Execution Application to stand dismissed without further reference); copy of the order to be intimated to the Respondents with an Affidavit of Service by the next date; matter listed on 1 October 2025.

Issue for consideration

Whether the Respondents/Judgment Debtors should be directed to disclose their assets and financial means in terms of prayer clauses (b), (e) and (h) of the Interim Application, in aid of execution of the decree/award dated 31.08.2019. +1 more

Court's answer

The Court directed that disclosures be made in terms of prayer clauses (b), (e) and (h) within a period of four weeks, subject to the removal of objections to the Execution Application and obtaining of the registered number within two weeks.

Ratio / Principle

Objections to the Execution Application were to be removed and the registered number obtained within two weeks, failing which the Execution Application would stand dismissed without further reference to the Court.

Key takeaways

A copy of the order was to be intimated to the Respondents and an appropriate Affidavit of Service was to be filed by the next date.ratio¶24

Detailed headnote1 paragraphs

Bombay High Court (Ordinary and Original Civil Jurisdiction), Abhay Ahuja, J.; Interim Application No. 1251 of 2025 in Execution Application (L) No. 2277 of 2025; Aditya Birla Finance Ltd. (Applicant) v. Mitra Bhanu Meher and Others (Respondents); decided 18 August 2025. In execution of a Decree/Award dated 31.08.2019 passed by the Learned Arbitral Tribunal, which had remained unsatisfied for more than 30 days, and none appearing for the Respondents despite service, the Court granted the Applicant's prayer for disclosures against the Judgment Debtors in terms of prayer clauses (b), (e) and (h): comprehensive affidavits of movable and immovable assets, bank accounts, debts and receivables under Order 21 Rule 41 of the Code of Civil Procedure, 1908; Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts; and disclosure of means on affidavit under Section 51 of the Code of Civil Procedure — to be made within four weeks. Observing that the Execution Application was still on lodging number, the Court directed that objections be removed and the registered number obtained within two weeks, failing which the Execution Application would stand dismissed without further reference. A copy of the order was to be intimated to the Respondents with an appropriate Affidavit of Service by the next date; the matter was listed on 1 October 2025.

4-IA-1251-2025.doc

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

INTERIM APPLICATION NO. 1251 OF 2025 IN

EXECUTION APPLICATION (L) NO. 2277 OF 2025

ADITYA BIRLA FINANCE LTD. )…APPLICANT

V/s.

MITRA BHANU MEHER AND OTHERS )...RESPONDENTS

Ms.Jenny Somaiya i/by Ms.Tikshta Modi, Advocate for the Applicant. None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : 18^th AUGUST 2025

P.C. :

Ms.Jenny Somaiya, learned Counsel, appears for the Applicant

and submits that despite service none appears for the Respondents nor any payment has been received till date and that this Court grant disclosures in terms of prayer clauses (b), (e) and (h) which read thus:

“(b) That this Hon'ble Court be pleased to direct the Judgment Debtors to jointly and or severally to file their comprehensive affidavits disclosing on oath the assets both movable and immovable held/owned by them, including details of all Bank accounts (with account numbers, Bank, Branch etc.) and all the amounts lying in the Bank accounts and also all debts and receivables payable by third parties to

avk 1/3

4-IA-1251-2025.doc

the Judgment Debtors with their precise and exact addresses within a period of 2 weeks from the date of the order or within such time as this Hon'ble may deemed fit by this Hon'ble Court as provided under Order 21 Rule 41 of the Code of Civil Procedure, 1908 since the Decree/Award dated 31.08.2019 passed by the Learned Arbitral Tribunal has remained unsatisfied for more than 30 days from the date of its passing;

(e) That pending the hearing and final disposal of the Execution proceedings, this Hon'ble Court be pleased to order and direct the Respondents / Judgment Debtors to furnish his/their Income Tax Returns for last five years along with the Balance Sheets and profit and loss accounts of their business;

(h) That the Respondents 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;”

It is observed that the Execution Application is still on lodging number. Let objections to the Execution Application be removed within a period of two weeks and registered number be obtained, failing which the Execution Application to stand dismissed without further reference to this Court.

Subject to the above, having heard the learned Counsel and having considered her submissions, this Court directs that disclosures be made in terms of the aforesaid prayer clauses within a period of four

avk 2/3

4-IA-1251-2025.doc

weeks. Let a copy of this order be intimated to the Respondents and an

appropriate Affidavit of service be filed by the next date.

Subject to the above, list on 1^st October 2025 .

(ABHAY AHUJA, J.)

ARTI VILAS KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2025.08.18 15:18:28 +0530

avk 3/3