Aditya Birla Finance Limited vs Subham Pandey — Bombay HC (2025) — LawSathi Research

Aditya Birla Finance Limited vs Subham Pandey — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Respondents/Judgment Debtors directed to file affidavit of disclosure on oath in terms of prayer clauses (b) and (e) - movable/immovable assets, bank accounts and balances, debts/receivables payable by third parties, and Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts - within four weeks; copy of the order to be served upon the Respondents with an appropriate affidavit of service filed by the next date; matter listed on 18 November 2025.

Issue for consideration

Whether the Judgment Debtors should be directed, under Order 21 Rule 41 CPC, 1908, to file comprehensive affidavits disclosing on oath their movable and immovable assets, bank accounts and balances, and debts/receivables payable by third parties (prayer clause (b)). +1 more

Court's answer

Relief in terms of prayer clause (b) granted: Respondents/Judgment Debtors ordered to file affidavit of disclosure on oath (comprehensive disclosure of movable and immovable assets, bank accounts and balances, and debts/receivables payable by third parties), the Court fixing the period at four weeks although clause (b) had sought two weeks.

Ratio / Principle

Relief in terms of prayer clause (e) granted: Judgment Debtors to furnish Income Tax Returns for the last five years along with Balance Sheets and profit and loss accounts, as part of the disclosure affidavit within four weeks.

Detailed headnote1 paragraphs

Bombay High Court, Commercial Division (O.O.C.J.) - Interim Application No. 1525 of 2025 in Commercial Execution Application No. 59 of 2025 (Abhay Ahuja, J., 15 September 2025): In execution proceedings on a Decree/Award dated 24 May 2024 of the Learned Arbitral Tribunal, unsatisfied for more than 30 days, the applicant creditor sought disclosure directions under Order 21 Rule 41, Code of Civil Procedure, 1908. The respondent Judgment Debtors, though served, were unrepresented. The Court granted prayer clauses (b) and (e): Judgment Debtors to file affidavits of disclosure on oath of movable and immovable assets, all bank accounts (with numbers, branch and balances) and debts/receivables payable by third parties (clause (b) having sought this within two weeks), together with Income Tax Returns for the last five years with Balance Sheets and profit and loss accounts (clause (e)); time fixed at four weeks. Copy of the order to be served with affidavit of service by the next date; listed 18 November 2025. No precedent engaged; no quantum determined.

49-IA-1525-2025.doc

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

INTERIM APPLICATION NO. 1525 OF 2025 IN

COMMERCIAL EXECUTION APPLICATION NO. 59 OF 2025

ADITYA BIRLA FINANCE LIMITED )...APPLICANT V/s. SUBHAM PANDEY AND OTHERS )...RESPONDENTS

Ms.Jenny Somaiya i/by Akhil Modi & Associates, Advocate for the Applicant.

None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : 15^th SEPTEMBER 2025

P.C. :

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

and submits that despite service, no payment has been made till date and that, this Court may grant disclosure in terms of prayer clauses (b) and (e) which read thus :

ARTI VILAS KHATATE

Digitally signed by ARTI VILAS KHATATE Date: 2025.09.15 19:09:13 +0530

“(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

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49-IA-1525-2025.doc

receivables payable by third parties to 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 24 May 2024 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;”

None appears for the Respondents, though served.

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

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

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

List on 18^th November 2025 .

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